Short-time work allowance and vacation - the second

Liz is Head of Legal at twinwin.
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Die Instructions from the Federal Employment Agency provides information on how to calculate KUG in 2021. It is interesting how to proceed with vacation.

Remaining vacation from 2020:

Employers who are still or again affected by short-time work in 2021 must agree with their employees that they will start their remaining vacation from 2020 during the absence of work. Otherwise, the Federal Employment Agency assumes that the loss of work could be avoided within the scope of vacation days, as a result of which no short-time work allowance was paid for these days.

Vacation entitlements from 2021:

It is also regulated that vacation entitlements for the current year are used up as a matter of priority to avoid short-time work.

This means that vacation that has already been planned must be taken and must not be postponed due to short-time work. Short-time work allowance is not paid for vacation taken.

For unplanned vacation, the employer must set the date before the end of the year (provided that short-time work continues until the end of 2021) in order to reduce loss of work. The wishes of employees must, of course, be taken into account.

In the difficult and ongoing situation, we recommend communicating transparently with the team and working together to find a good solution for all sides.