Vacation Leave

Vacation Law in Germany

The legal basis for vacation regulations in Germany is the Federal Vacation Law (Bundesurlaubsgesetz or BUrlG). It defines the minimum statutory vacation entitlement for employees.

The Vacation Law serves as part of Germany's social labor protection system and was introduced in 1963. In addition to the BUrlG, individual employment contracts and collective bargaining agreements may provide additional vacation rights. These agreements can vary between industries and employers.

The BUrlG defines the minimum vacation entitlement that applies by law. According to Section 1, every employee is entitled to paid vacation leave each calendar year.

A statutory vacation entitlement applies to:

  • Workers
  • Employees
  • Trainees
  • Persons in positions similar to employees

The Vacation Law not only regulates the minimum number of vacation days employees are entitled to but also requires employers to continue paying employees during their vacation. This is different from unpaid leave.

Vacation is intended to provide employees with time for rest and recovery. Understanding the rules surrounding vacation entitlement can help employees plan their time off and understand their rights.

Legal Vacation Entitlement

According to § 3 BUrlG, employees are entitled to at least 24 working days of vacation per year.

Under the BUrlG, working days are all calendar days that are not Sundays or statutory public holidays. The statutory entitlement is based on a six-day working week.

Because most employees work a five-day week, the entitlement is calculated proportionally:

(24 / 6) × 5 = 20 vacation days

Therefore, employees working five days per week are entitled to at least 20 vacation days per year, equivalent to four weeks of vacation.

The same calculation applies to employees working fewer days per week. The statutory minimum always corresponds to four weeks of vacation per year.

For example, someone working two days per week would receive:

(24 / 6) × 2 = 8 vacation days

The number of hours worked per day does not determine the number of vacation days. Instead, the calculation is based on the number of days worked per week.

Vacation for Part-Time Employees

Part-time employees are also entitled to statutory vacation.

Their vacation entitlement is calculated based on the number of days they normally work each week. This ensures that part-time employees receive the same minimum of four weeks of vacation as full-time employees.

For example, an employee working three days per week would receive:

(24 / 6) × 3 = 12 vacation days

Timing of Vacation

The employer generally determines when vacation is taken while considering the employee's wishes.

When deciding on vacation requests, employers may need to consider:

  • Operational requirements
  • Vacation requests from other employees
  • Social considerations, such as employees with school-age children
  • The need to provide vacation in consecutive periods

Vacation should generally be granted consecutively when possible. If vacation is divided into several periods, employees should receive at least one longer period of consecutive vacation.

If an employer and employee cannot reach an agreement, employees should not simply take vacation without approval. Depending on the circumstances, legal advice or action through a labor court may be necessary.

Vacation Carryover and Expiration

Employees should generally take their statutory vacation during the current calendar year.

Under certain circumstances, vacation can be carried over to the following year. In cases where statutory requirements for carryover are met, the vacation should generally be taken by March 31 of the following year.

Employers also have obligations to inform employees about their remaining vacation and the consequences of not taking it. The exact rules regarding expiration can depend on the circumstances.

Vacation During Employment

Statutory vacation is intended to be taken as time off rather than paid out while employment continues.

If an employment relationship ends and the employee cannot take their remaining statutory vacation, the unused entitlement may have to be compensated financially.

Vacation for New Employees

New employees are entitled to statutory vacation, but they generally have to complete a six-month waiting period before acquiring the full annual entitlement.

During the waiting period, employees generally acquire 1/12 of their annual vacation entitlement for each full month of employment.

For example, if an employment contract provides 20 vacation days per year and an employee has completed three full months:

3/12 × 20 = 5 vacation days

Employees may be able to take accrued vacation during the probationary period, provided the vacation has been approved by the employer.

Vacation During Termination

Employees may still have unused vacation when their employment ends.

The amount of vacation entitlement available when employment ends depends on factors such as:

  • The date employment ends
  • Whether the six-month waiting period has been completed
  • Whether the employee has already taken vacation
  • The applicable statutory and contractual rules

If remaining vacation cannot be taken before the employment relationship ends, it may need to be financially compensated.

Employees should check their employment contract and consult the employer or a qualified advisor when there is uncertainty about their remaining entitlement.

Working During Vacation

Employees should generally use their vacation for rest and recovery.

German vacation law does not allow employees to engage in activities during vacation that contradict the purpose of the vacation period. The employee's primary employment should not be performed during vacation.

Illness During Vacation

If an employee becomes ill during their vacation, the days of illness generally do not count as vacation days if the illness is properly certified.

Employees should inform their employer as soon as possible and provide the required medical certificate.

The affected vacation days can then generally be taken at a later date.

Key Points

  • Employees in Germany are entitled to at least four weeks of paid vacation per year.
  • The statutory minimum is based on the number of working days per week.
  • Part-time employees also receive a minimum of four weeks of vacation.
  • Employers must generally continue paying employees during statutory vacation.
  • Vacation should normally be taken during the current calendar year.
  • Under certain conditions, unused vacation can be carried over to the following year.
  • Employees should not take vacation without their employer's approval.
  • Illness during vacation does not count as vacation if properly certified.
  • Unused vacation may need to be paid out when employment ends.
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