Taking leaves during Notice Period, employee rights?

15 posts in this topic

So a couple of weeks ago I finally took the plunge and leave my employer of 7 years to move out. With 3 months in mind I applied for last month (most of it) as vacation days as I have these still unused. My boss has already sent a reply that he needs to discuss this considering the impact on my leaving on customers. However; while we can debate on my need given that I was made to start on one of these projects the day i resigned; the big reason is that my wife is scheduled for a surgical procedure and I needed time to take care of her and our kid.

 

What is the legality of stopping me from taking my vacation when I have an underlying need in my home to take time off an address it? Any ideas?

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You are entitled to your remaining days off unless your employer has a strong business case justifying rejection of your vacation request. (Which they would have a hell of a hard time proving in court.)

 

However, you do not get to choose when. It is up to your employer to decide when it is most convenient for you to take vacation. That is to say, even if you applied for the last month, they may decide you get the middle one, for example. You do not really have a say in that. On the other hand, employers are usually aware of the consequences of not accommodating reasonable requests like yours e.g. working to rule, throwing in fake sickies, you name it.

 

You should talk to your boss constructively and explain why you very much need the last month. You can always approach the Works Council as a last resort.

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9 hours ago, bazing said:

... the big reason is that my wife is scheduled for a surgical procedure and I needed time to take care of her and our kid.

..

 

A sympathetic Haus Artzt / GP will also sometimes be willing to write you off ill during this period.  Although for a long period of time this is probably not possible.

 

Also, some companies have a policy of allowing you to take time off (either paid or unpaid) for such circumstances.  So you could also look into this.  Maybe a combination of all of these ideas is possible.

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1 hour ago, RenegadeFurther said:

Talk to your boss and ask to do Home Office if negotiations fail.

This option does not exist at my employer.

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9 hours ago, bariboy said:

You are entitled to your remaining days off unless your employer has a strong business case justifying rejection of your vacation request. (Which they would have a hell of a hard time proving in court.)

 

However, you do not get to choose when. It is up to your employer to decide when it is most convenient for you to take vacation. That is to say, even if you applied for the last month, they may decide you get the middle one, for example. You do not really have a say in that. On the other hand, employers are usually aware of the consequences of not accommodating reasonable requests like yours e.g. working to rule, throwing in fake sickies, you name it.

 

You should talk to your boss constructively and explain why you very much need the last month. You can always approach the Works Council as a last resort.

 

Thats what I will attempt; I have applied 2 months in advance. More than that they decided that I should start a new project with a new customer the day i resigned. It seems that they would want to 'save' face. Its a little surprising because when I resigned by boss behaved as if its no big deal for him to ensure continuity.Given the fact in Jan work is usually quiet; I hope to bring him to understand this else I am not sure how to proceed.

 

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You're going to get the days of holiday that you've accumulated one way or another. The only open question is when.

Just ask your boss either for confirmation of the days you requested or for the dates that the company deems most appropriate for you to take as holiday. If I was a manager and had to deal with somebody leaving my company who is at the start of a new project, I would want them to work constantly from now until they are required to leave (i.e. until their end date minus all the days owed vacation).

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44 minutes ago, toBnruG said:

You're going to get the days of holiday that you've accumulated one way or another. The only open question is when.

Just ask your boss either for confirmation of the days you requested or for the dates that the company deems most appropriate for you to take as holiday. If I was a manager and had to deal with somebody leaving my company who is at the start of a new project, I would want them to work constantly from now until they are required to leave (i.e. until their end date minus all the days owed vacation).

This is exactly what i have done; end date - leaves is the start date of my leaves..

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59 minutes ago, toBnruG said:

If I was a manager and had to deal with somebody leaving my company who is at the start of a new project, I would want them to work constantly from now until they are required to leave (i.e. until their end date minus all the days owed vacation).

On the other hand, if "the new guy" starts 4 weeks before the end date, I - as a manager - wouldn't want the leaving employee to take his 3 week vacation right before the end date... That would severely hinder a substantial hand over to "the new guy"...  

 

I'd say that it pretty much depends on the situation, what is best for both parties...

 

 

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When a child or near relative is ill and cannot be left alone, you may be entitled to compassionate leave to look after them. You need written confirmation from a Doctor which you then give to your employer. Inform your health insurance company about your situation they will be able to give you more details.   

 

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8 hours ago, White Rose of Yorkshire said:

When a child or near relative is ill and cannot be left alone, you may be entitled to compassionate leave to look after them. You need written confirmation from a Doctor which you then give to your employer. Inform your health insurance company about your situation they will be able to give you more details.   

 

I didnt know this; i am scheduled for  discussion with my boss later this week. If he is not accommodating i'd try this.

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7 minutes ago, White Rose of Yorkshire said:

[..] it is a legal right similar to a sick note.

How do you know that without having read the contract the OP has signed?

There is no general law about being "entitled to compassionate leave", afaik. Feel free to point out the law your assumption is based on...

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Hi Franklan, the law about looking after ill children under 12 years of age has existed for many years. It was extended to cover other family members a few years ago.

 

Freistellung von der Arbeit

Bei Kindern unter zwölf Jahren haben berufstätige Eltern oder Alleinerziehende Anspruch darauf, für die Pflege ihres kranken Kindes von der Arbeit bezahlt oder unbezahlt freigestellt zu werden.

Die Anzahl der möglichen Freistellungstage bezieht sich jeweils auf ein Kalenderjahr und gilt nur für Kinder unter zwölf Jahren.

https://www.kindergesundheit-info.de/themen/krankes-kind/recht/berufstaetigkeit/

 

 

Arbeitstätige, die sich persönlich um pflegebedürftige Angehörige kümmern wollen, können dies auf verschiedenen Wegen tun:

die Kurzzeitige Arbeitsverhinderung, (§ 2 des Pflegezeitgesetzes (PflegeZG): Arbeitnehmer können, nach Anzeigen beim Arbeitgeber maximal zehn Tage am Stück ihrer Arbeit fern bleiben, um akute sowie weiterführende Pflegemaßnahmen zu gewährleisten.

https://www.krankenkassenzentrale.de/wiki/pflegezeit#

 

 

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54 minutes ago, White Rose of Yorkshire said:

Hi Franklan, the law about looking after ill children under 12 years of age has existed for many years.

The way the OP described the situation: There is no ill child.

 

 

Quote

It was extended to cover other family members a few years ago.

 

Yep, the PflegeZG. Have a look at the §2 of the PflegeZG: It contains the word "akut". The partner being "scheduled for a surgical procedure" is not to be considered "akut".

Being "scheduled for a surgical procedure" doesn't come out of the blue, the OP has time to find a helper / other relative. That's the law, sorry.

 

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