The plaintiff was entitled to 25 days of annual leave each year.

At the end of 2007, after the birth of her child, she went on maternity leave and then from March 2008 to January 2011 on parental leave.

In September 2011, the plaintiff had another child. Even after the birth of the second child, the plaintiff went on maternity leave and then until 2014 on parental leave.

The employment relationship ended on September 30, 2015. Upon termination of the employment relationship, the plaintiff demanded compensation for the 190 vacation days not taken since 2008.

If the employee is entitled to holiday and this can no longer be granted due to the termination of the employment relationship, it must be compensated § 7

Para. 4 BUrlG.

The employer argued that the holiday entitlement acc. § 17 BEEEG to be reduced by 1/12 for each month that the plaintiff was on parental leave.

That State Labor Court of Saxony stated that for the year 2008 6.25 working days had to be compensated.

The decision of the BAG:

For the calculation and payment of leave, the judges of the Federal Labor Court have now made it clear that rounding can be considered neither in favor nor in favor of the employee.

acc. § 5 BurlG Fractions of vacation days that amount to more than half a day are to be rounded up to full vacation days.

In particular, the judges made it clear that the holiday entitlements for the individual years are to be considered separately. One speaks in this respect of own disputes.

Furthermore, the labor judges rejected the application of the provision to the case to be decided. Thus, the vacation claimed for the years 2008 and 2014 was not

Partial leave iSd § 5 BurlG to watch.

§ 5 BurlG

(1) The employee is entitled to one twelfth of the annual leave for each full month of the existence of the employment relationship...
b) if he resigns from the employment relationship before the waiting period has been completed;
c) if he leaves the employment relationship after the waiting period has been completed in the first half of a calendar year.

Partial leave is regularly incurred by taking up or ending an employment relationship in the course of a calendar year. In the case to be decided, however, the employment relationship continued, the contractual holiday entitlement was only increased by the in § 17 BEEG to reduce the intended quotas.

According to this decision, the employer must therefore pay off the vacation fractions actually calculated.

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