According to the German Federal Leave Act, there is a vacation entitlement for the period of parental leave. However, the employer may, in accordance with art. 17 (1) sentence 1 BEEG (German Parental Allowance and Parental Leave Act), reduce this holiday entitlement, in accordance with EU law as well.
For this purpose, the employer has to make a contractual declaration of intent to the employee, aimed at the cutback of the vacation entitlement, which becomes effective upon receipt by the employee (German Federal Labour Court, judgment of 19.03.2019, 9 AZR 362/18). This declaration must be worded in such a way that from it the employee can clearly see that the employer wishes to make use of the possibility of reducing the vacation entitlement. The reduction right of the employer also includes contractual extra vacation, unless otherwise agreed in the contract.
For this reason, appropriate clear wording should be codified in the employment contracts or collective labour agreements.
MBA for Finance and Financial Services (UK), Steuerfachwirt (GER)