Officially ordered quarantine during vacation
If an employee has to go into quarantine during their working vacation due to an official order, even though they are not ill with coronavirus, they can demand their vacation days back from their employer. The Hamm Regional Labor Court made a ruling to this effect on 27.01.2022. The case is now before the European Court of Justice, as the Federal Labor Court referred the case to it.
Can employees get their vacation days back if they have to go into home quarantine by order of the authorities during this period even though they have not been infected with coronavirus?
The European Court of Justice is now dealing with this. In the specific case, a full-time locksmith had applied for and been granted eight days' leave (12.10.2020 - 21.10.2020) by his employer. However, on October 14, 2020, the city of Hagen issued an order requiring the employee to quarantine at home from October 9 to October 21. The locksmith therefore spent his requested leave in domestic quarantine, even though he was not infected with coronavirus himself. He had only been reported as a contact by an infected person. The employee subsequently requested that the eight days he had had to spend in quarantine be credited to his leave account. The employer refused to do so, whereupon the employee filed a lawsuit with the Hagen Labor Court. However, the court dismissed the claim(2 Ca 2784/20) . However, the Regional Labor Court ruled in favor of the plaintiff, as the competent judges were convinced that Section 9 BUrlG applied mutatis mutandis to cases of coronavirus quarantine.
Decision of the Federal Labor Court: Referral to the European Court of Justice
As a result of the permitted appeal, the case was referred to the Federal Labor Court, which, however, turned to the European Court of Justice. The Federal Labor Court based its decision on Article 7 of Directive 2003/88/EC and Article 31 (2) of the Charter of Fundamental Rights of the European Union. The decision of the highest German labor court depends on whether it is compatible with the above articles that a requested annual leave does not have to be granted again in the event of a corona quarantine. Thus, the European Court of Justice must now decide whether it is compatible with European law that vacation days do not have to be granted again under German labor law if a quarantine regulation must be observed even without a corona infection.
Haas and colleagues: Your strong partners in labor law
Haas und Kollegen are the strong partners at your side for all questions relating to employment law. Whether you want to reclaim your vacation days or, as an employer, need a forecast on the upcoming ruling of the European Court of Justice: We represent your interests with foresight, diligence and the necessary technical expertise and always achieve the best result together with you. Contact us and together we will find the best solution for your problem!
