Financial compensation of remaining vacation days

17 posts in this topic

Hello,

I have resigned from my job and currently running under a 3 months notice period. I have about 22 vacation days left for the year. Is my company liable to pay me for these unused vacation days?

My contracts says “upon termination of contract, any vacation accrued shall be compensated in line with statutory requirements”. What does that mean?

 

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They could ask you to use your vacation but if they don't, they will have to pay it out.  I have quit 3 jobs since being in Germany and none of the employers required me to use up vacation days.

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@MikeMelga No, there’s no problem but I’m just back from a vacation break and not planing another soon, at least until the things settle down.

@LeonG Thanks. Nope, no one has asked me

to take up the remaining vacation days and I believe they won’t.

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Erm. Afaik if you leave before june 30 the liability is only up to the number of vacation days that accumulate until your leave. For example 20 days total per year and end work in June (mid year) you can only claim 10 days (minus the ones you have already taken). The correct calculation is 1/12 of yearly vacation for each month until June 30. after Juli 1, you can claim for the whole year the legal minimum vacation 20 days (minus the ones already taken). If your contact states more than the minimum 20 days for a 5 days week for the surplus days it very much depends on what is stated in the contract regarding the year of leave. Runs under the name of  „pro rata temporis“.

 

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You may be asked to stop working 22 days before your final working day.

But as your contract mentions compensation, you can insist on payment

rather than time off. These are the options.

 

@Wherearewegoingto made a very valid point that you will only have half your annual allowance

if your termination date is before 1. July.

 

Anything carried over from last year (2019) would normally have to have been taken

by Apr.1 2020. Unless of course you have written agreements about that.

 

I moved into the the public sector (many moons ago) and they

wanted to know how much vacation days I'd already had during the year.

 

These were then deducted (!) from the allowance of the current time

to year end at the new employer using the 1/12 annual allowance per month rule.

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Quit my job- last day is june 30th altough am on sick leave... didnt take a holiday days this year so far!

totally forgot to mention it before quittiing

bosses didnt say anything either. I guess its my fault

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1 hour ago, atinherne said:

Quit my job- last day is june 30th altough am on sick leave... didnt take a holiday days this year so far!

totally forgot to mention it before quittiing

bosses didnt say anything either. I guess its my fault

 

Your HR (if a large company) should add your 1/2 year's vacation allowance in cash

to your final salary check. Being on sick leave does not affect your vacation days.

 

Had you been on vacation- and got sick during the time off,

then with a simple sick note from the doc ( during the vacation / sick time)

would get your vacation day allowance back UP.

 

You can't be "punished"  for being ill whilst on vacation.

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12 minutes ago, HH_Sailor said:

 

Your HR (if a large company) should add your 1/2 year's vacation allowance in cash

to your final salary check. Being on sick leave does not affect your vacation days.

 

Had you been on vacation- and got sick during the time off,

then with a simple sick note from the doc ( during the vacation / sick time)

would get your vacation day allowance back UP.

 

You can't be "punished"  for being ill whilst on vacation.

No no big company- its a family and I guess its not punishment but we both parties didnt talk about it.

what happens to those 30 days? 

And no i do not think they will compensate in cash 😬

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1 hour ago, atinherne said:

No no big company- its a family and I guess its not punishment but we both parties didnt talk about it.

what happens to those 30 days? 

And no i do not think they will compensate in cash 😬

 

30 days ?

If your annual vacation allowance was 30 days and you leave 30. June,

then your entitlement would be 15 days. (30 days / 12 months =  monthly allowance.

Multiply by 6 for Jan-June)

 

15days is three weeks (for a 5 day a week job).

 

So you're entitled to 3 weeks pay as you didn't take vacation leave.

 

Depends how much you want to push it - but without a lawyer reading the contract,

as a layperson I see you down by 3 weeks pay (taxed of course).

 

Or were there an additional 15 days left over from 2019 ?

 

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1 hour ago, HH_Sailor said:

 

30 days ?

If your annual vacation allowance was 30 days and you leave 30. June,

then your entitlement would be 15 days. (30 days / 12 months =  monthly allowance.

Multiply by 6 for Jan-June)

 

15days is three weeks (for a 5 day a week job).

 

So you're entitled to 3 weeks pay as you didn't take vacation leave.

 

Depends how much you want to push it - but without a lawyer reading the contract,

as a layperson I see you down by 3 weeks pay (taxed of course).

 

Or were there an additional 15 days left over from 2019 ?

 

No, no left over from last year 2019

I just didnt take any this year but an thinking am walking away like that 

yes 30 days I have a year

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25 minutes ago, atinherne said:

No, no left over from last year 2019

I just didnt take any this year but an thinking am walking away like that 

yes 30 days I have a year

 

You should have taken left over vacation from 2019 at the latest by the end of March unless there were some very good reasons why you couldn't such as you were on sick leave the whole time or maybe if your employer refused to let you take it.  You should ask your employer to pay out all your accrued vacation, including from 2019 and see what happens.  They need to at least pay you the 15 days from 2020.  They can not expect you to take the 15 vacation days because your employment is ending and you are still on sick leave.

 

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1 hour ago, MikeMelga said:

Some companies, like my wife's, allow accumulation of holidays.

 

Indeed but according to the law the vacation days expire if you don't use them.

 

I worked for a company that would allow vacation to roll over indefinitely and my manager there told us that we should do ourselves a favour and use it up just in case. You never know what's going to happen, new owner or whatever.

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From a financial point of view, it's not beneficial for a company if employees accumulate their holidays since they have to make accruals for it. For an employer it's best if employees consume all days in the calendar year.

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Where I worked before, it was not a very big company and some employees were kind of essential and didn't mind working a lot so that was why they allowed it to roll over.  Where I work now, my employer also allows it to roll over.  That was not clear when I started there but the question came up when I still had open days and was working for a client who was pressed for time and not happy to let me go.

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