Vacation in times of corona pandemic
Since the Corona pandemic, a question has come to the fore again and again: Does the employee have to take his planned and approved vacation even if the trip bursts and he could only spend it at home due to the corona pandemic?
The Bavarian Administrative Court (VGH) says in its decision of April 30, 2020: Yes!
If the vacation has already been approved by the employer, it must also be taken. Corona pandemic and therefore imposed restrictions are not a sufficiently important reason that justifies postponing the vacation.
Facts
The complaining Bavarian police officer claims that he could not have used the vacation as planned due to unusual wedding celebrations. In addition, because of the Corona pandemic, he was not possible to recover in the period because the Bavarian Ministry of Health imposed outdoor blocks.
Decision
There is no entitlement to postponing the vacation, decided in the second instance of the VGH.
Holidays are used for relaxation. The court cannot recognize why, in view of the applicable initial restrictions, it should not be possible to use the vacation as a period for relaxation, relaxation, leisure and leisure.
The restrictions that exist due to the Corona situation, which all citizens meet in the same way and uncertain time, do not mandate a recovery.
No important reasons are recognizable for moving. Such an important reason does not arise from the fact that the wedding celebrations in which the police officer wanted to participate have been omitted. In principle, it falls into the risk of risk of the civil servant if an approved vacation cannot be designed as originally planned.
References
Vacation that has been applied for and approved must basically be taken at the intended period. Even if the planned trip cannot be started.
The employer is entitled to organizational sovereignty, he must be able to plan. And the purpose of vacation - namely relaxation - can also be met at home.
For civil servants, however, it is possible for important reasons to be postponed for important reasons, for federal officials according to § 8 Paragraph 2 EURLV (recovery vacation regulation). Corona pandemic alone is not a sufficiently important reason.
Does this also apply to employees in companies?
Yes.
The VGH decided here about the lawsuit of an official. However, the problem arises for employees.
The following also applies in private companies: "Approved."
The employee cannot withdraw the already approved vacation application. For this, it threatens the approval of the employer.
The risk of whether e.g. For example, the employee himself carries a vacation trip as planned.
