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Old 15.01.2019, 11:38
Elu Elu is offline
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Re: Released from work during maternity leave

Thank you all for your very helpfull advice.
We don't have to deal with RAV because she decided to be a stay at home mom for the next two years.

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During a garden leave such as this, it's normal and legal to say that vacation days are automatically compensated during that leave. However, in her case that is unreasonable as a rule of thumb is that the vacation days should be no more than 1/3 of the duration of the garden leave (note that this is not a firm law, but a guidance). In her case, 7 weeks are almost 2/3 of the entire garden leave of 3 months - that's ridiculous.

Moreover, the automatic compensation only applies if she doesn't have to be available to work upon request. Even if it's highly unlikely they will ever call her in to do anything, even less so given her limited working hours of just 40%, they need to decide a) either garden leave including vacation days compensation, but no expectation to be available for work at any point or b) request her to be potentially available for work, but then the vacation days need to be compensated separately.

Given she has 7 weeks of vacation days left, some proper negotiating is required here. At least 3 weeks of those should be paid out, possibly more. If they refuse, get legal help.

Vacation days can be paid out at the end of an employment contract either way and that's fairly standard procedure, though it usually requires agreement and a fair reasoning as to why the vacation days couldn't be taken before the end of the employment ("convenience" isn't a reason btw). Given she'll be away for months due to her maternity leave, paying them out is the most logical thing to do though. There's absolutely no point in artificially extending an employment just for her to be able to take her vacation.

As for interviews during pregnancy: at least from a RAV viewpoint, you are expected to try to find another job (if you know you'll lose your old one after maternity leave) until I think the 8th month of pregnancy. I would need to look up the exact cutoff time.
Samaire13, we found out parts of this in our research, too. Thank you for your confirmation.
My wife told me yesterday, that her notice period is just two months, so she should compensate almost all her garden leave (learned a new word here ) with vacation time while still being available, this seems wrong. We checked if we have a Rechtsschutzversicherung and made an appointment with a lawyer. I'll keep you updated on the outcome.
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