The German Federal Employment Law Court ruled that during an employment ban issued to a pregnant employee, the employee’s holiday claim could not be fulfilled, even if the holiday period was fixed before the employment ban was issued.
Employment bans are issued to pregnant employees by a doctor or by the employer, if the employee’s continued work would constitute a significant danger to the employee’s and/or the baby’s health. In the case decided by the German Federal Employment Law Court, the employee submitted her holiday requests for the whole year at the beginning of the year. After she informed the employer of her pregnancy, in June of the same year, an employment ban was issued. The employer argued that the holidays already requested by the employee at the beginning of the year would still be fulfilled during the employment ban.
The German Federal Employment Law Court ruled that the employee’s holiday claim was not fulfilled. To fulfill the employee´s holiday claim, the employer has to declare the employee´s release from work. This declaration only effects the expiration of the employee´s holiday claim, if the employee is obliged to work during the period of release from work. In the abovementioned case, the German Federal Employment Law Court found that the employee was not obliged to work, because she had been issued an employment ban. Therefore, the holiday claim could not be fulfilled, despite the fact that the parties agreed on the holiday period before the employment ban was issued. The employee can still take her holiday leave in the same year or the following year after the expiry of the employment ban and the statutory maternity leave period.