Pro-rata reduction in leave for unvaccinated nursing staff is legal
The Federal Labor Court (BAG) has issued a landmark ruling on the unpaid leave of unvaccinated nursing staff as a result of the facility-based vaccination requirement. According to the ruling, employers were entitled to give their employees unpaid leave, as they were merely implementing the rules of the Infection Protection Act by granting leave. Employers were also allowed to reduce employees' vacation entitlement on a pro rata basis (judgment of 19 June 2024, case no. 5 AZR 167/23). The
