Holiday entitlements during 'Probezeit'

My boss tells me that I am not entitled to take my 10 days holidays that I have earned since starting in a new post. He says it is company policy. I would like to know from the legal hats out there, has he a leg to stand on? As far as I am concerned they are my holidays and I am entitled to them. HR says I must take them before years end or I will lose them in 2009. Advice please?

He has two legs to stand on. Holiday during the Probezeit is usually a no-no, although "kind" employers may be a little flexible...

Edit: not sure about that, mine are good until March the following year. When did you start?

September

It's up to you and your employer. Your employer has no obligation to grant you holiday but in practice most employers realise that if they keep you you will have accrued an impossible amount of holiday in the six months and it's best to let you spread this out.

This is true.


HR has probably informed all employees of the general rule that they are supposed to take their vacation during the calendar year.
The same mail comes each November in our company (except that they say you must have started the vacation by the end of the following March otherwise they expire).
HOWEVER, the same mail also states that for those who joined the company during the second half of the current year that their vacation my be carried over until the end of the following year.

So you will probably find that your HR has a similar process. I suggest you talk to them.

The losing holiday if you don't use it stems from accounting rules that force the company to count untaken holidays as an unpaid liability on their accounts and this is why they usually have a general policy of 'use it or lose it'. This policy, however, is up to their discretion and there is no law that says you must lose untaken holiday. Your boss is probably a dick saying you can't take holiday, acutally your rights to take holiday and keep it if you are unable to take it are well protected. You don't say if you're on probezeit or just made an internal move in your company and this does have an impact on your situation.

ARAG Legal Insurance info


According to Federal Law you are only entitled to your full holidays after six months on probation. ARAG experts emphasize that this does not mean that you do not earn the entitlement - on the contrary, you earn 1/12 of your entitlement for each full month worked. But (and I love this one!), the employer is not obligated to grant the pro rata temporis vacation time.

I am assuming that this non-obligation to grant vacation time applies to your probation time only. Once you have absolved the probation you are entitled to the vacation days "earned", so yes, you should be able to transfer them to 2009. Ask HR to clarify the ambiguous information but don't count on any time off until you've served your six months time.

You are entitled to carry over holiday from one year to the next if, and only if, your employer makes it impossible to take it within the year (if you still have days left at the end of the year due to bad planning on your part the employer is NOT obligated to carry these over but may do).

Sarabyrd is right that you accrue the entitlement throughout your probation but the employer is not obligated to let you use this entitled holiday. I am not sure how this fits in with the above, though. The employer is preventing you from taking holiday during probation, which they are entitled to do, but it is the employers fault that you can't take it within the calendar year, so theoretically you should be allowed to carry over your holiday till end of March 2009 or longer by mutual agreement.

They can stop you from taking holidays in your Probezeit, but they cannot take the holidays off you. Your holidays will be rolled over to next year if they won't allow you to take them now.

Just to make this absolutely clear - Normally you are entitled to your full quota of holiday from Jan 01. every year, ie. with 30 days you could take Jan01-Jan30 off. If you start somewhere new, you only get the full allowance after 6 months and up till then 1/12 per month. If you have 30 days holiday as standard, up to 5 months and 30(31) days you accumulate 2,5 days per month up to a maximum of 15days, from 6 months 1 day you have the full entitlement of 30 days.


It can go both ways. I have worked for a few companies where you did not take holiday in the first six months but have also had a bollocking having worked from september and not having planned any holiday by December.


Yes, yes and yes. Also ask if the Boss is correct - Just because he thinks you shouldnt be taking time off doesnt mean HR agrees with him or that it is company policy.

andy M