Leave despite Corona quarantine Order
If an employee does not submit a medical certificate of incapacity for work despite an official quarantine order, vacation days will be credited: Cologne Regional Labor Court, judgment of 13.12.2021, 2 Sa 488/21
Employees who have to go into an officially ordered quarantine during their vacation days are credited with these days even if the employee cannot use his vacation days due to the domestic quarantine. This decision of the Bonn Labor Court (Bonn Labor Court, judgment of July 7, 2021, 2 Ca 504/21) has now been confirmed by the Cologne Regional Labor Court (LAG) in a judgment of December 13, 2021.
An employee sued for the subsequent granting of five days of leave, which she spent as the first-degree contact person of her child, who had contracted Corona, in an officially delegated quarantine. She claimed to have a positive infection test, but she had not noticed any symptoms and had not received a certificate of incapacity for work. In the absence of such a medical certificate, the Bonn Labor Court dismissed the claim for subsequent granting of vacation days. Although Section 9 of the German Federal Leave Act (BUrlG) provides that days of incapacity for work due to illness are not counted towards annual leave, incapacity for work would have to be certified by a doctor. An official quarantine order does not replace the required certificate, as it does not prove an inability to work.
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