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Corona quarantine: Vacation days cannot be made up automatically


Can you make up for the lost days off if you have to be quarantined on vacation? A labor court says: The claim does not arise by itself. Employees can, however, take precautionary measures.

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Samples from people with suspected corona: is there a quarantine case?

(Archive photo)

Photo: Sven Hoppe / dpa

This can happen to many employees at the moment: They contract Corona while on vacation and have to be quarantined.

Once the quarantine has ended, they would like to catch up on their vacation.

But does the employer have to re-grant them the vacation days they have lost?

Such was a case that the Labor Court in Bonn has now published.

The plaintiff was infected with Covid-19 in November and lost her vacation days due to an officially ordered quarantine.

Now she asked her company to grant her five days.

Her superiors were not ready for that.

The woman sued, but at the beginning of July the court ruled in favor of the employer (Az .: 2 Ca 504/21).

It is true that the Federal Holiday Act provides for additional leave to be granted in the event of incapacity for work.

For this, however, a doctor must certify the incapacity for work with a certificate.

An official quarantine order alone is not enough.

Because an illness with the coronavirus does not necessarily and immediately lead to an inability to work.

An appeal can be lodged with the Cologne Regional Labor Court against the judgment.

But the lesson that employees can already learn from the judgment is: In such a case, it is always advisable to have a doctor certify the incapacity for work.

Then your own case should probably not even end up in court.

mamk / JurAgentur

Source: spiegel

All business articles on 2021-07-23

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