European labor courts issue rulings on family allowances and parental leave

Recent rulings from high courts in Switzerland and Germany have clarified specific aspects of employment and family law.

The Swiss Federal Supreme Court ruled on a dispute regarding unpaid family allowances. An employer was ordered to pay over CHF 20,000 to a former employee after failing to provide sufficient evidence that the full amount of family allowances had been transferred. The court emphasized that the burden of proof lies with the employer to demonstrate that such payments were actually made, noting that mere entries in payroll records were insufficient in this specific case.

In Germany, the Federal Labour Court decided that employees cannot unilaterally cancel agreed-upon parental leave due to personal changes, such as a separation from a partner. The court ruled that an employee remains bound to their request for parental leave even if they move out of a shared household. This decision aims to protect employers who make staffing arrangements based on the requested leave. Exceptions are limited to cases of extreme hardship or the death of the child, though early termination is possible if the employer consents.