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Created on Saturday, 06 November 2010 19:30

Last Updated on Monday, 10 March 2014 09:57

Caring for the Sick Child During Vacation - Lost Vacation?

It is everything else but pleasant when your child gets sick during your main vacation days. Do you have to forfeit your sacred vacation days to take care or can be credited to sick days? Well the judges of ArbG Berlin gave us some input to that with their judgment of June 17, 2010 (2 Ca 1648/10).

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Sandy has a nine year old who got seriously sick just the day before they were to take off to the Maldives. And of course, she waived the trip and took care of her little one. After recovery of her child, she wanted to have these 10 days of lost vacation credited back to her vacation account. She argued that §9 BUrlG were to be accordingly applied. §9 BUrlG saves the employer's vacation when he gets sick during his vacation. This should be valid when one's minor becomes ill. What do you think her employer thought? Not a chance.

The judges held that the time needed to take care of a child that unexpectedly falls ill during vacation does not make the parent eligible to the regulation of §9 BUrlG. The parent does not get credited for lost vacation of a child that fell ill during vacation. The argument "had no time for recreation" does not count because the lawgiver purposely did not open such possibility.

The labor court contradicted Sandy's argument. Pursuant to §45 III SGB V, the employee is exempted from her duty to work while the child needs to be taken care of. Instead of the salary, Sandy would normally be entitled to sick pay from her statutory health insurance. However, this does not allow the conclusion that granted vacation leave can be undone. It is the employee who carries the risk of any disturbance in his or her vacation.

Hint

When you would like to read more on the basics of sick pay, please click this sentence.