- The employee is entitled to paid annual leave in each calendar year (leave year) in accordance with the following provisions. The leave entitlement for employees, whose average regular weekly working hours are distributed over 5 working days in the calendar week (5 day week) is 30 working days. The leave entitlement for employees whose regular weekly working hours are distributed differently over the week days is laid down in para 2 accordingly.
- Days of leave, which have been granted or paid for or are still to be paid for by a previous employer for the current calendar year will reduce the leave entitlement accordingly.
- Definition "Working Days"
- Working days are all calendar days on which the employee has to work or would have had to work regularly or as per duty roster, except for public holidays for which no time off in lieu has been given. If a shift does not finish on the same calendar day on which it started, the calendar day on which the shift started shall be the working day
- If the regular weekly working hours distributed regularly or by duty roster, average out over the leave year at more than 5 working days in the calendar week, then leave will be increased for every additional working day in the leave year by 1/250 of the leave entitlement as per para 1a. If the result of this calculation is the fraction of a leave day then this shall be disregarded.
- If, the distribution of the average regular weekly working hours regularly or by duty roster average out over the leave year at less than 5 working days in the calendar week, then leave will be reduced, for each additional work‑free day in the leave year, by 1/250 of the leave entitlement as per para 1a. If the result of this calculation is the fraction of a leave day then this shall be rounded up to a full day’s leave.
- If the distribution of working hours is changed during the leave year either indefinitely or temporarily, the calculation shall be based on the number of working days which would apply, had the distribution of working hours, on which leave is based, applied to the whole leave year.
- Waiting Period
Annual leave may not be claimed until the first six months following the commencement of employment (waiting period) have passed, unless employment terminates at an earlier date.
Periods of employment completed by the employee in the current calendar year with the Sending States' Forces (Art. 8 para 1) prior to engagement shall count towards the waiting period.
- Partial Leave
- If the employment contract covers less than a whole calendar year, the employee will be entitled to 1/12 of the annual leave for each full calendar month during the period of employment; each calendar month, during which a period of employment is at least 15 calendar days, shall count as a full calendar month. Periods during which the employment contract is suspended will not qualify as periods of employment as meant by this regulation.
- If on termination of employment the employee has been granted leave in excess of his entitlement, the pay for such leave cannot be recovered.
- If the employee terminates employment due to unfitness for work or the incapacity to earn a living or to draw old age pension, the leave entitlement shall be:
- 6/12, if employment terminates during the first half of the leave year,
- 12/12, if employment terminates during the second half of the leave year.
- Granting of Leave
- Leave shall be granted and taken in one block provided urgent unit requirements or personal reasons of the applicant do not oppose.
- If leave is split then one block must total at least half the leave entitlement for the calendar year
- When granting leave consideration shall be given to the employee’s wishes unless urgent unit requirements interfere, or, for social reasons, the leave applications by other employees take preference.
- Transfer of Leave
- Leave is to be granted and taken in the current calendar year. Transfer into the next calendar year is only permissible if justified by urgent unit requirements or personal reasons of the applicant.
- If leave is transferred to the next calendar year it must be commenced by 31 March. If the employee cannot commence his/her leave by 31 March, due to unfitness for work, then leave has to be granted and commenced within 2 months after return to work. If, due to protection periods or maternity leave under the Mother Protection Law, a female employee is unable to commence leave by 31 March, leave must be granted and commenced within 2 months following the expiration of the protection periods or the maternity leave.
- If the waiting period (para 3) does not expire until the following leave year, then leave has to be granted and commenced by the end of that leave year at the latest.
- Leave not commenced by the date specified or by the end of the calendar year following the leave year at the latest, shall be forfeited.
- Conversion of Leave
- In principle leave is granted as paid time off.
- If employment is under termination then any outstanding leave has to be granted during the period of notice.
- If urgent unit requirements or compelling personal reasons prevent leave from being granted by the end of employment, the remaining leave entitlement shall be converted into cash.
- Unfitness for Work during Leave
If an employee falls ill whilst on leave, the working days medically certified as unfit for work, shall not be counted as annual leave, provided the unfitness for work was reported without delay. In this case the employee must resume work on the date originally envisaged or, in case of prolonged unfitness for work, immediately after fitness for work has been established.
- Payment during Leave
- The regular earnings (Art. 17) shall be paid as payment during leave.
- If the leave period covers more than ten calendar days and the next payday falls within that period, an appropriate advance payment of the earnings due on that day shall be made prior to the start of leave, should the employee so request.