In Germany, like in many other countries, employees are entitled to time off for rest and recovery. In addition to public holidays, the law provides for annual vacation days. How many vacation days are granted, when does one have the right to take them, and how are they compensated? These are frequently asked questions by people already employed in Germany or those planning to work there. In this article, we will provide an overview of the vacation policy in Germany. This is reported by the G.Business website.
Types of Vacations Provided by Law in Germany
In Germany, the right to vacation is governed by the Federal Vacation Act (Bundesurlaubsgesetz, BurlG). This law regulates not only the amount of vacation time employees are entitled to, but also how it can be used, extended, and even compensated. The law specifies that all employees are entitled to a minimum of 24 working days of vacation per year. It also allows for the possibility of additional vacation days to be included in an employee’s employment contract (Arbeitsvertrag). In some cases, specific labor protection laws such as the Youth Labor Protection Act (JArbSchG) or the Social Code (SGB IX) can also affect the length and terms of vacation time.
How Many Vacation Days Are You Entitled to in Germany?
The minimum number of vacation days granted to employees in Germany is 24 working days if they work a 6-day week, or 20 days for those working a 5-day week. This excludes Sundays and public holidays. This vacation entitlement is based on the Federal Vacation Act, and it represents the statutory minimum. Many employers, however, offer more generous vacation days, which may be specified in the employee's employment contract (Arbeitsvertrag). In some cases, employees working under certain protection laws, like the Youth Labor Protection Act (JArbSchG) or the Social Code (SGB IX), may receive additional vacation days.
Paid Vacation Days in Germany
The minimum number of paid vacation days is 24 days for a six-day workweek and 20 days for a five-day workweek. If the employee works part-time, this does not affect the duration of the vacation, except in the case of a reduced workweek. For example, if someone works only three days a week, they will only need to take three vacation days to cover a full week of time off. Therefore, the minimum paid vacation reduces to 12 days for part-time workers.
How Long Do You Need to Work in Germany Before Taking Vacation?
According to Section 4 of the Federal Vacation Act, the right to take a full vacation first arises after six months of employment. Furthermore, Section 5 regulates partial vacations. It is possible to take vacation after 1-5 months of work, although this may not always be feasible in practice due to restrictions in the employment contract (Arbeitsvertrag).
Are Vacation Days Paid in Germany?
Foreign workers, including refugees from Ukraine, often ask whether vacation days are paid in Germany. The answer is yes—vacation pay is guaranteed by law. Employers are required to pay vacation days according to the established rules, and the payment must be made before the vacation begins.
Is Unpaid Leave Allowed in Germany?
Unpaid leave is not explicitly provided for in the law, but it may be specified in the employment contract (Arbeitsvertrag). This situation is rare, as unpaid leave can cause significant financial losses for employers. Some companies may allow unpaid leave through corporate customs (betriebliche Übung), which may apply under certain conditions, such as a lack of production necessity for the whole team.
Right to Unpaid Leave in Germany
If unpaid leave is not specified in the employment contract, the employee does not have the right to demand it from the employer. However, Section 616 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) obligates the employer to grant a short period of leave (usually 1-2 days) when the employee is unable to perform their duties due to specific reasons (e.g., a court summons, childbirth, personal marriage, or a doctor’s appointment). In such cases, employees continue to receive their regular pay during the leave period.
How to Calculate Vacation Pay in Germany?
Vacation pay in Germany is calculated based on the average earnings an employee received during the 13 weeks before the vacation. Any overtime pay is not included in the calculation. If an employee has received a pay increase during this period, the new, higher salary will be taken into account for the vacation pay calculation. In contrast, any decrease in income due to part-time work, absence from work, or other factors outside the employee’s fault does not reduce the vacation pay. Additionally, any in-kind benefits that are part of the employee’s salary but not paid out during vacation must be included in the vacation pay calculation.
How Does Vacation Work for Mini Jobs in Germany?
The rules for vacation in mini jobs (part-time or short-term employment) are the same as for part-time workers. Mini-job employees are entitled to 4 weeks of vacation per year, and vacation pay is calculated based on earnings from the last 13 weeks.
How to Apply for Vacation in Germany?
To apply for vacation in Germany, employees need to submit a vacation request to their employer and wait for approval. Employers are required to consider the employee’s wishes, provided there are no overriding production needs. However, vacation may be denied if another employee with priority (such as after medical treatment or rehabilitation) requests time off.
Sample Vacation Request Form in Germany
Most employers have their own vacation request form, so employees should ask their colleagues where to get one. Additionally, every company has its own norms or customs, which govern when employees can take vacation to ensure that it does not interfere with production needs.
How to Take Leave for Burnout in Germany?
Although the law does not provide for vacation due to burnout (erschöpfung bedingte Arbeitsunfähigkeit), employers usually accommodate employees in such cases. Burnout leave can last up to 72 weeks, and employees continue to receive their regular salary. To take burnout leave, employees must submit a request to their employer, accompanied by a medical certificate confirming the diagnosis.
What Happens to Unused Vacation Days in Germany?
According to German law, unused vacation days must be used by December 31st. If they are not used within the year, they may be carried over to the following year, but this must occur within the first three months. This carryover is only allowed for serious personal or work-related reasons. However, if an employee has worked for less than six months by the end of the year, they can carry over vacation days without restriction. If an employee is terminated, any unused vacation days are compensated financially.
In conclusion, vacation days in Germany are carefully regulated by law to ensure that employees receive adequate time off. Employers are expected to respect these regulations, while employees should be aware of their rights and obligations regarding vacation days, payment, and leave requests.
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