My employer doesn’t want to allow me to take my vacation before the start of Mutterschutz
Hello everyone
I would like to ask a question regarding my vacation entitlement in connection with Mutterschutz and Elternzeit.
The Mutterschutz begins six weeks before my expected due date and ends eight weeks after the birth. My Mutterschutz is expected to end during December.
As far as I understand, I am entitled to my full annual vacation entitlement for this year, since vacation days cannot be reduced due to Mutterschutz. I currently have approximately 20 vacation days remaining.
I would like to take these vacation days before the start of my Mutterschutz, which would allow me to be away from work about one month earlier. However, my employer would like me to take these vacation days only after my Elternzeit. Their reasoning is that I am not required to take the vacation before Mutterschutz and that I can simply use it after Elternzeit instead.
Since I would prefer to use all of my remaining vacation days before the start of my Mutterschutz, I would like to know whether my employer is allowed to refuse this request or whether I have a right to take the vacation before Mutterschutz begins.