Judgment from Hamm: Vacation days are retained despite maternity leave!

Judgment from Hamm: Vacation days are retained despite maternity leave!

In a landmark decision, the... Hamm Regional Labor Court decided on November 6, 2025 that vacation days during maternity and parental leave may not expire, even if a collective agreement provides for this. The ruling affects numerous employees who were unable to take their vacation as planned due to pregnancy or family obligations.

In this specific case, a saleswoman from a retail company who had been on parental leave for over two years requested her old vacation days. But her employer referred to a collective agreement that stipulates an expiry date of April 30 of the following year. The court made it clear that the regulations of the Maternity Protection Act as well as the Federal Parental Allowance and Parental Leave Act have priority over collectively agreed expiry periods.

Maternity protection and vacation entitlement

Employees continue to collect vacation entitlements during maternity leave and parental leave. According to that Maternity Protection Act applies that periods of employment ban count as periods of employment, which means that vacation entitlements also arise during these phases. However, employees must ensure that they apply for their remaining vacation days in good time after returning from parental leave.

The court ruled that deferred vacation days remain in effect until the end of the following calendar year and do not expire as originally assumed. The remaining vacation from 2021 can be used until the end of 2025. The LAG Hamm has thus significantly strengthened the rights of female employees, as employers can no longer rely on collective agreement deadlines as soon as legal protection periods take effect.

Important information for employees

• Urlaubsanspruch bleibt während Mutterschutz und Elternzeit erhalten.
• Der Resturlaub sollte nach der Rückkehr rechtzeitig beantragt werden.
• Verfallfristen von tariflichen Verträgen greifen nicht, wenn gesetzliche Bestimmungen bestehen.
• Mutterschutzfristen reichen in der Regel 6 Wochen vor und 8 Wochen nach der Geburt.

In order to avoid a possible loss of vacation days, all affected employees should pay close attention to their vacation entitlements. Women in particular who were unable to work due to pregnancy or parental leave are called upon to check their old vacation entitlements and, if necessary, take advantage of them. Current case law offers clear protection here and promotes the compatibility of family and work.