Vacation is far more than just a privilege - it is a statutory right to which every employee in Germany is entitled. For decades, the Federal Leave Act (BUrlG) has formed the legal basis for this important right to rest and regeneration. However, despite the clear legal regulations, many employees are uncertain about their rights and obligations in connection with vacation.
The importance of labor law in the area of vacation law has gained additional weight in recent years due to groundbreaking rulings by the Federal Labor Court and the European Court of Justice. The BAG ruling of December 20, 2022 in particular has fundamentally changed the legal situation and significantly strengthens the position of employees. These developments make it all the more important that employees know and understand their rights.
At a time when work-life balance is becoming increasingly important and the shortage of skilled workers is forcing companies to offer more attractive working conditions, a sound knowledge of vacation entitlements is an important building block for a balanced working life. This article provides a comprehensive overview of the most important aspects of German vacation law and answers the most frequently asked questions from employees.
How much vacation am I legally entitled to?
The Federal Leave Act grants all employees a minimum leave entitlement of 24 working days for a six-day week or 20 working days for a five-day week. The calculation is based on a simple formula: Average number of working days per week multiplied by four equals the statutory minimum number of vacation days.
However, many employment or collective agreements provide for significantly more vacation days than the statutory minimum. Most employees in Germany have a contractual entitlement to 30 days' vacation per calendar year. If a higher number is agreed in the employment contract, the employee is of course entitled to the higher number.
Who is entitled to paid vacation?
Paragraph 1 of the German Federal Leave Act states unequivocally: "Every employee is entitled to paid leave in every calendar year." This wording includes practically all employment relationships - both full-time and part-time employees, mini-jobbers and even vacation workers are entitled to vacation.
However, a six-month waiting period must be completed in order to be fully entitled to vacation. During this period, you are already entitled to leave on a pro rata basis - one twelfth of the annual leave for each full month. At the end of the waiting period, the full annual leave is then available.
[h2]How does vacation planning and approval work?
Employees have the right to express their vacation requests and the employer is obliged to take these into account. However, they can refuse leave requests if there are urgent operational reasons for not doing so - for example, in the event of staff shortages or busy periods.
In the case of competing vacation requests, employees with school-age children generally have priority, as they are bound to the vacation periods. The decisive factor is that no vacation may be taken without permission. Unauthorized leave can lead to warnings or even dismissal without notice.
Can my vacation entitlement expire?
The statutory entitlement to paid annual leave is subject to the statutory limitation period. However, the three-year limitation period only begins at the end of the calendar year in which the employer informs the employee of their vacation entitlement and the expiry periods and the employee has nevertheless voluntarily not taken the vacation.
A landmark ruling by the Federal Labor Court on December 20, 2022 strengthened the rights of employees: Employers must inform their employees in good time about their remaining entitlement and any impending limitation period. Without this information, vacation days no longer expire automatically. This also applies to leave entitlement in the event of long-term illness.
What happens if I fall ill while on vacation?
If an employee falls ill while on vacation, the sick days are not counted towards their vacation entitlement. In order to be able to make up these vacation days at a later date, the employee must submit a doctor's certificate of incapacity for work from the first day of illness.
In addition, the employer must be informed of the illness immediately. This regulation ensures that the recreational purpose of the vacation is not destroyed by illness and that the employee has the lost vacation days available at a later date.
Am I entitled to special leave?
Under certain circumstances, an employee may be entitled to additional leave in accordance with Section 616 of the German Civil Code (BGB) if a special event occurs. However, the specific reasons are not specified in the law. Special leave is often granted in the event of the death of a close family member.
The birth of your own child or your own wedding can also justify special leave. However, this is at the discretion of the employer if there is no contractual provision. If there are corresponding clauses in the employment or collective agreement, there is an entitlement to the special leave days specified there.
Can my employer order compulsory leave?
Yes, an employer can order compulsory leave under certain circumstances. However, this is only possible if urgent operational matters require it - for example, in the event of an unexpected operational crisis or a seasonal work stoppage.
Although the statutory duration of compulsory leave is not specified, case law is largely in agreement that only part of the annual leave may be ordered. A portion must be freely available to the employee. In addition, the compulsory leave must be announced sufficiently in advance.
Conclusion
German vacation law has developed significantly in favor of employees in recent years. The most recent case law of the Federal Labor Court significantly strengthens the position of employees and obliges employers to be more transparent when providing information about vacation entitlements.
It is more important than ever for employees to know and enforce their rights. The statutory minimum leave is only the basis for this - many collective agreements provide for much more generous regulations. The new statute of limitations rules ensure that leave not taken no longer expires automatically, but only if the employer has duly informed the employee.
At the same time, employees must observe their obligations: Vacation must be applied for and approved in good time, and immediate notification and a doctor's certificate are required in the event of illness while on vacation. Trusting cooperation between employer and employee when planning vacation is the key to a functioning system that is fair to both sides. If you have any questions about your individual leave entitlements or other employment law issues, please do not hesitate to contact us. A lawyer at Rotwang Law will provide you with competent and reliable advice.
