What does vacation mean for federal employees
8. What applies to vacation?
Every employee is entitled to paid vacation leave in each calendar year. This is what the Federal Holiday Act (BUrlG) prescribes in Section 1. What is meant is the exemption from the contractual duty to work in order to use the free time independently without the employer's obligation to pay. The specific details result from the TVöD and the BUrlG. Insofar as the TVöD does not contain any independent regulations, the BUrlG must be used.
What is the annual vacation entitlement?
The holiday entitlement is 30 working days in each calendar year - regardless of age (Section 26 (1) TVöD). This applies if the weekly working time is spread over 5 days in the calendar week. If the weekly working time is distributed differently than 5 days a week, the vacation entitlement increases or decreases accordingly.
Example: With a four-day week, the vacation entitlement is 24 working days, with a six-day week then 36 working days.
If the employment relationship is suspended, the duration of the vacation leave, including any additional leave, is reduced by one twelfth for each full calendar month (Section 26, Paragraph 2, Letter c TVöD).
When does the vacation entitlement arise for the first time?
The full vacation entitlement is acquired for the first time after the employment relationship has existed for six months (Section 4 BUrlG). Before that, there is only a partial vacation of one twelfth of the annual vacation for each full month of the existence of the employment relationship (§ 5 BUrlG). If the employment relationship begins or ends in the course of a year, the employee receives one twelfth of the full vacation entitlement for each full month of the employment relationship (Section 26, Paragraph 2, Letter b TVöD).
Who grants the vacation?
The employer. He has to set the time for the vacation (§ 7 Abs. 1 S. 1 BUrlG). The vacation requests of the employees must be taken into account, unless this is opposed to urgent operational issues or vacation requests of other employees who deserve priority from a social point of view. Employees regularly request vacation leave for a specific period and the employer approves (or rejects). The mere silence of the employer on a vacation request does not normally count as approval.
Is the vacation tied to the calendar year?
Basically yes. Vacation must be granted and taken in the current calendar year (Section 7 (3) sentence 1 BUrlG). The vacation can also be taken in parts (Section 26, Paragraph 1, Sentence 5, TVöD). In principle, the vacation should be granted contiguously (protocol declaration on § 26 Paragraph 1 Clause 5 TVöD). A vacation part of 2 weeks should be aimed for.
In addition, section 7 (3) sentence 2 BUrlG exceptionally provides for the holiday to be carried over to the next calendar year if this is justified by urgent operational or personal reasons - such as incapacity to work until the end of the year. Until when the transferred vacation must be taken is modified in the scope of the TVöD by § 26 Paragraph 2 Letter a TVöD compared to the statutory regulation: In the case of the transfer, the vacation must start in the first 3 months of the following calendar year. If vacation leave cannot be taken by March 31st due to incapacity for work or for operational / business reasons, it must be taken by May 31st.
Are there any additional vacations?
Yes. Employees who are exposed to particular stress receive additional paid leave of absence in accordance with Section 27 TVöD. These additional vacation days are available for alternating shifts and shift work. They are added to the basic holiday.
Severely disabled employees are also entitled to additional 5 days of vacation per calendar year. This results from § 125 SGB IX.
What does special leave mean?
Special leave is also an exemption from the duty to work. In doing so, however, the employee waives the continued payment of wages. This is what § 28 TVöD provides: If there is an important reason, employees can receive special leave without continuing to pay their wages. The decision on granting special leave is to be made by the employer at its own discretion, weighing up mutual interests.
Does the staff council have to be involved in the vacation?
Yes. In accordance with Section 75 (3) No. 3 BPersVG, the staff council has a say in drawing up the vacation schedule and determining the time of vacation leave for individual employees if no agreement is reached between the department management and the employees involved.
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