Leave - labour law

For every year of work employees are entitled to 30 working days of paid leave for a six-day week (or 25 working days for a five-day week), i.e. a total of five calendar weeks. Employees who have given the same employer more than 25 years of service are entitled to 36 working days of leave for a six-day week (or 30 working days for a five-day week), i.e. a total of six calendar weeks.

Under certain conditions past service in an employment and/or apprenticeship relationship with the same employer as well as periods of work with another employer as well as school and university periods – up to a certain maximum period of time – need to be considered when calculating the amount of leave.

The leave entitlement is accrued proportionately in the first half of the first year of work, i.e. based on the period of service (aliquot leave entitlement). After six months of service, the full leave entitlement is accrued in the first year of work. From the second year of work, the employee is entitled to the total leave at the start of the working year, i.e. the total leave entitlement is accrued on the first day of the respective year of work.

In principle, the leave year starts on the day of commencement of the employee’s employment relationship, i.e. the leave year runs parallel to the working year. However, under certain conditions, the leave year or leave period can be changed over to the calendar year by way of a collective bargaining agreement or employer/works council agreement or, in establishments without a works council, by way of a written individual agreement.

It must be noted that, in the event of a changeover, the leave for the short year may be aliquoted for employees whose employment relationships commenced in the current leave year (short leave year) and which has not yet lasted for six months.

If the employment relationship has lasted longer than six months at the time of the changeover, the employee is also entitled to the full leave for the current leave year (short leave year). In all cases, a new full leave entitlement is acquired on the first day of the following calendar year.

While an employment relationship remains in place, employees are not permitted to request that the leave be paid out in cash – or compensated with any other non-monetary benefits (ban on compensation of leave).

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Holiday pay is any salary that the employee must receive while on leave. This is essentially the amount that would have been paid to the employee if they had not taken the leave. The specific amount in the individual case depends on the applicable collective bargaining agreement as well as the individual contract. Holiday pay is payable in advance, upon commencement of the leave, for the entire duration of the leave, but fixed payment dates may also be contractually agreed.

Not all of our contents and services are available in English yet. We ask for your under­standing and like to assure that we are steadily working on extending our English offer.

Not all of our contents and services are available in English yet. We ask for your under­standing and like to assure that we are steadily working on extending our English offer.

Not all of our contents and services are available in English yet. We ask for your under­standing and like to assure that we are steadily working on extending our English offer.

Not all of our contents and services are available in English yet. We ask for your under­standing and like to assure that we are steadily working on extending our English offer.

No leave entitlement accrues during parental leave under the Mutterschutzgesetz (Federal Maternity Protection Act) or the Väter-Karenzgesetz (Federal Paternity Leave Act), although it does during the protection period. This normally starts eight weeks before the calculated date of childbirth and ends eight weeks afterwards (exceptions exist in case of premature births, Caesarean section births and multiple births).

If parental leave as defined under the Mutterschutzgesetz or the Väter-Karenzgesetz is taken during a working year, the leave (if this has not already been used) is aliquoted when parental leave is taken.

The basis for calculating the aliquot share is the period from the start of the leave year until the start of the parental leave (including the protection period before and after childbirth) as well as the period from the end of parental leave until the end of the leave year.

In the event of an ongoing employment relationship, the employer may not pay out the leave entitlement that accrued before the protection period. This entitlement remains in place and can – by arrangement – be used after the parental leave.

If parental leave is used in line with the Mutterschutzgesetz or the Väter-Karenzgesetz, the limitation period for the leave entitlement extends by the period of the parental leave.

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