Commented decision: No statutory leave entitlements during unpaid special leave (sabbatical)
An employer agreed with an employee on unpaid special leave from September 1, 2013 to August 31, 2015 at her request (sabbatical). Subsequently, the employee demanded the statutory 20 (paid) leave days for 2014 from her employer. While the Labor Court dismissed the complaint, the Regional Court sentenced the employer to grant the statutory paid leave entitlement. However, the Federal Labor Court now ruled that the employee was not entitled to statutory paid leave during the period of unpaid special leave and dismissed the complaint.
