When a storm has affected your home, there is an endless amount of work: basements have to be pumped out, scrap has to be disposed of and the apartment has to be cleaned. This not only costs nerves and money but also a lot of time. For victims of natural disasters, there are legal regulations that should help here. “In emergencies through no fault of their own, employees are entitled to paid leave from work for a few days,” says the Brühl-based specialist lawyer for labor law, Michael Felser. That helps for the first few days.
According to this, however, those affected may have to take unpaid leave if the legislature does not currently make deviating regulations. The labor law attorney Arnd Kempgens from Gelsenkirchen emphasizes the employer’s duty of care. Accordingly, the companies are obliged to examine holiday applications at least benevolently. With the special leave for those directly affected, up to five days are possible.
Usually, a solution can be found
In any case, the company must be informed immediately that you are absent from your job as a victim or called up helper so that the work can be organized differently. The expected duration should also be communicated or clarified. “Transparency is important. Please always talk to your boss. In our experience, most of them understand and support you,” said Kempgens. “Even if special leave does not work and normal, paid leave is no longer left, companies often agree to unpaid leave if this is operationally possible.”
According to labor lawyer Felser, scholars argue about how long this can be claimed when they are entitled to paid leave. “In principle, the following applies: no longer than necessary. The law also limits the entitlement to a ‘proportionate time’. This is only intended as ‘first aid’, not as a solution for the duration of the removal of the consequences of the flood,” said Felser.
Special rights for volunteers
With the volunteer helpers, assignments can last longer or occur more often. The employer will then also be reimbursed for the loss. “Volunteers from the Technical Relief Organization, the volunteer fire brigade, and, in most federal states, also other recognized aid organizations such as the DRK or ASB have a statutory right to exemption with full payment for assignments. The employer has reimbursed the fee on request,” reports lawyer Felser. It looks different with the many volunteers who are currently helping in the affected areas. “They help on their own account, so they have to take vacation days; many sacrifice their summer vacation for it,” says Felser.
However, many companies are with their employees in the area as helpers and actively support the flood victims. “Many companies will certainly be more generous than the law and their duty, employees who help have to clarify this on a case-by-case basis.” Lawyer Kempgens strongly recommends discussing the private relief work with the employer. “If they do not agree, there is a threat of a warning and, in repeated or extreme cases, even a termination,” says Kempgens.
Companies can apply for short-time working
The question that remains is what happens when the job is no longer there – for example, the office or home office was destroyed by the water. The general rule here is that the employer has to bear the risk. “If, for example, the company is affected and the work is canceled, the ‘free time is at the expense of the company. However, you can’t just go on vacation if the documents have been destroyed or the home office has been destroyed,” said lawyer Felser. “As a rule, the work must then be continued with other activities; under certain circumstances, the employee must also work in the company again.” Here too, employees and employers should agree on how the difficult situation can be dealt with.
In the event of a disaster, companies can also apply for short-time work. Attorney Kempgens points out that it is important to save the recoverable data and documents and to reconstruct them as far as possible. “As a rule, employees are not liable for initial damage to company property and company data because they are not at fault. However, they can be held liable for consequential damage if they have not tried to limit the damage,” said Kempgens.
