Vacation entitlements for parents: Legal stumbling blocks during the holidays!

Vacation entitlements for parents: Legal stumbling blocks during the holidays!

In Germany, parents' vacation entitlements during the school holidays are currently being intensively discussed. While many parents are looking for ways to plan their vacation during the often very busy holiday season, the Federal Vacation Act states that there is no legal right to vacation during this time. This means that employers are essentially free to decide when their employees can take vacation, but they are obliged to take individual vacation requests into account unless urgent operational concerns conflict with this. The employer therefore has control over the allocation of vacation, although many companies can often reach a good agreement with their employees to take their needs into account.

Loud BR Parents usually have a good chance of getting their vacation during the school holidays. However, the legal regulation remains unclear if several parents want vacation at the same time. Employers must then engage in a dialogue to decide who gets priority, taking into account factors such as family situation or maintenance obligations. However, there is no clear guideline as to how these decisions must be made.

Vacation requests and legal regulations

Leave requests may not be prioritized based on the date of receipt. The Federal Vacation Act stipulates that employers must respect the needs of their employees unless there are urgent operational or other priority vacation requests from colleagues that take priority. It is important that vacation should generally be granted in one go, unless important operational or personal reasons make it necessary to split it. In addition, all vacation must be taken in the current calendar year; carryover to the following year is only permitted under certain circumstances as specified in the Federal Holiday Act.

Special aspects must also be noted: An approved vacation can normally no longer be canceled unless a joint decision is made by the affected employees. However, employers who wish to refuse approved leave for urgent reasons must be able to document this. In addition, many companies have company holidays in accordance with the rules, and the Chamber of Commerce and Industry in Munich and Upper Bavaria recommends making holiday plans early on in order to avoid conflicts.

Family-friendly offers and support for parents

Another important point concerns support for working parents. Municipalities, cities and charities offer holiday programs when educational institutions are closed. Employees in after-school care centers or daycare centers are entitled to vacation, which can be valuable support for many parents. In addition, some employers use family-friendly leisure activities to relieve their employees.