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Vacation

"Tough luck, your holiday days are gone."

You fall ill during your holiday — the company deducts the days from your holiday account anyway.

§ 9 BUrlG

The boss may NOT do that
No! Sick days do not count as holiday!
If an employee/trainee becomes unable to work due to illness during their holiday, the days of incapacity proven by a medical certificate are NOT credited against the annual holiday (§ 9 BUrlG). You only have to: 1) report sick immediately (even from holiday), 2) submit a certificate of incapacity for work — even if issued abroad. The holiday days are then owed to you again later.

What the law says

§ 9 BUrlG – Illness during the holiday
If an employee falls ill during their holiday, the days of incapacity for work proven by a medical certificate are not credited against the annual holiday.

What you can do

  1. Get a certificate of incapacity for work from the doctor immediately — even abroad (translation optional but helpful).
  2. Send the sick note to the employer immediately (an email with the certificate is enough).
  3. You do NOT have to return early from your holiday.
  4. Holiday days are credited back for the sick days — apply for them again.
Email template for your trainer

More cases: Vacation