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EMPLOYMENT

Vacation days in Germany: What to know about your rights as an employee

If you're planning any holidays, it’s a good idea to familiarize yourself with the labour laws when it comes to paid vacation days as an employee in Germany.

Vacation days in Germany: What to know about your rights as an employee
German laws state that new employees in their first six months of work aren't entitled to their full vacation entitlement. Photo: DPA
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The right to paid vacation (bezahlter Urlaub) for workers across the country is regulated by the Federal Holiday Act (Bundesurlaubsgesetz).

The law – as its name suggests – is intended for rest and recreation.

Who is entitled to paid vacation days?

Not only are full-time employees entitled to holidays in Deutschland, but also part-time, marginal, fixed-term and temporary employees and in some cases also trainees.

How many vacation days am I legally entitled to?

Unlike in other countries such as the US and Canada, where paid vacation either isn’t guaranteed or amounts to a mere ten days, in Deutschland the number of days off you’re entitled to depends on how much you work.

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Workers with a six-day work week have the right to an annual minimum of 24 vacation days per year.

For employees who work five days a week, it’s 20 days of holiday per year and for those with a four-day week it’s 16 days per year.

People who work three days a week get 12 vacation days each year; a two-day week entitles one to eight vacation days; a one-day work week means one has the right to four days off.

But these figures are only the prescribed minimum. Depending on the collective agreement you have with your employer, you could have more vacation days than the legal minimum. In many occupations and industries across the country, for instance, 30 days annual paid leave is common.

The law additionally grants some groups of people more time off. For instance, severely handicapped employees with a five-day work week get an additional five days off per year, meaning they are entitled to 25 vacation days.

There are also a number of so-called “special holidays”, including your wedding (if it falls on a working day), birth of your child and in some cases moving house.

READ ALSO: These are the ‘special’ days when you can get paid time off in Germany

What if I’m a teenage worker?

For young people, holiday entitlement differs according to age. Legally, the minimum number of vacation days for those who are younger than 16 at the beginning of the calendar year is 30 business days.

For youth who are not yet the age of 17 at the start of the calendar year, it’s 27 business days; for young people who are under 18 it’s 25 working days. 

A person is considered an adult in the Bundesrepublik at the age of 18.

What if I’m a new employee?

New employees only acquire their full vacation entitlement after six months in their organization. In Germany a probation period (Probezeit) of six months is typical for new hires. During this time, either party can terminate the contract – usually with two weeks’ notice.

Important to note is that these six months of work can be spread over two calendar years. As well, an employee’s right to vacation isn’t dependent on whether he or she actually worked during this period.

Booking days off during the summer can be tricky if an employee needs to consider whether there’ll be a shortage of staff. Photo: DPA

If you’re a new employee, during the trial period you are entitled to one twelfth of your annual holiday per full month of work. This means that if you’ve only worked with your new company for three months and wish to take vacation, you would only have the right to proportional leave.

However, the employer and the employee may agree not to observe this probation period and its rules. If for instance a company allows it, a worker can take leave after only two months of having started in his or her new role.

I was sick and couldn’t take vacation. What are my rights?

If you were sick all throughout the calendar year and weren’t able to take your vacation days, you are still entitled to bezahlter Urlaub – and can take it in the first three months of the following calendar year.

If you happen to fall ill during your vacation, the number of days you are ill aren’t counted as paid time off so long as you report it to your employer and hand in a doctor’s note by the third day of sickness.

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Can I carry over vacation days from last year?

Remaining holidays from the previous calendar year can be carried over to the next year, but must usually be taken within the first three months of the new calendar year – unless the employer and the employee agree otherwise.

Holiday entitlement is generally limited to the respective calendar year, meaning an employee “should by no means rely on” being able to carry these days over to the following year, Ina Koplin, a lawyer specializing in labour law told der Spiegel.

Koplin added that carrying over holidays is usually only possible in the event that workers weren’t able to take these days due to personal reasons such as sickness or reasons having to do with the company, such as when holidays cannot be taken due to a significant shortage in staff. 

Some companies also allow a specific number of days, often five, to be carried over into the next year.

Employers offering employees money in place of holidays is not allowed

Employers are not allowed to grant employees money instead of time off. This is in line with the purpose of the federal law and its intention to observe a worker’s recreation and rest entitlement.

An exception exists if the worker’s leave can no longer be granted in whole or in part due to the termination of the employment relationship. In exceptional cases like these, vacation days can be paid out financially.

SEE ALSO: These German cities offer the best work-life balance

Gainful employment during holidays is a no-go

Employees on holiday may not take up gainful employment because this also works against the purpose of bezahlter Urlaub

Don’t get caught taking on a Nebenjob, or a side job, during your holidays. Photo: DPA

If an employer finds out its employee is taking on self-employment or engaged in activities in order to receive monetary compensation, it is no longer obliged to pay remuneration for the period of “leave”. If the company has already paid it, this amount can be reclaimed.

Working on a voluntary basis, such as selling sausages at your family’s food stand at a festival or undertaking unpaid work on a trip abroad, is not banned under this rule.

What happens when I disagree with my employer regarding when and how long I want to take my vacation?

Employers are generally required to consider the wishes of their employees when it comes to their requested holidays. If a significant number of staff members want to take holidays at the same time, the organization is required to find a fair solution while carefully considering its business needs.

A company moreover cannot simply cut and space out an employee’s vacation days as it pleases (e.g. one day off here, four days off a few days later and three days off in a few weeks). What most workers don’t know is that they’re actually entitled to consecutive leave; taking a minimum of twelve business days off at a time is acceptable.

If you disagree with your employer with regards to paid leave, it’s not a good idea to simply take it without approval.

In a court case involving a German man who took leave on his own initiative even though it wasn’t approved by his employer, the judges in Krefeld, North Rhine-Westphalia found his dismissal without notice to be permissible in principle. 

Still, the judges ruled the employer’s actions to be too harsh and suggested instead that a settlement be reached between both parties. Ultimately, the employee was not dismissed and given a warning instead.

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READER QUESTIONS

Reader question: Is it ever legally too hot to work from home in Germany?

Germany has regulations on working during a heatwave - but does that also apply to people who work remotely? We take a look.

Reader question: Is it ever legally too hot to work from home in Germany?

The number of people working from home shot up during the Covid pandemic, and though employees no longer have the right to work remotely by law, many have chosen to stick with more flexible arrangements and set up a home office at least part of the week.

This is great news for people who enjoy a lie-in more than a long commute, but there are some downsides. One major issue is that it’s not always clear how Germany’s strict employee protection rules actually apply in a home setting. The rules for working during a heatwave are a good example of this.

How does Germany regulate working in extreme heat? 

By law in Germany, employers are responsible for creating a safe environment for their workers. This means that they should try and keep the temperature below 26C at all times and are legally obliged to take action if the temperature goes above 30C. 

That could include putting blinds on the windows to prevent the glare of the sun, installing air conditioning systems or purchasing fans. In some cases – such as outdoor manual labour – it could also involve starting and finishing earlier in the day. 

And in really high temperatures, employers may simply decide to call the whole thing off and give their employees a ‘hitzefrei’ day – basically a heat-induced day off – to go and cool down in a lake. However, business owners are generally given free rein to decide how hot is too hot in this instance (except in the case of vulnerable workers). 

READ ALSO: Hitzefrei: Is it ever legally too hot to go to work or school in Germany?

Do the heat rules apply to ‘home office?’

Unfortunately not. In most cases in Germany, the company isn’t directly involved in setting up the workspace for an employee that works from home, aside from possibly providing a laptop or phone for remote use. 

“The occupational health and safety regulations regarding room temperature do not apply in this case,” labour law expert Meike Brecklinghaus told German business publication T3N. “This is because the employer does not have direct access to the employee’s workplace and in this respect cannot take remedial action.”

That means that on hot days, it’s the employee’s own responsibility to make sure the environment is suitable for working in. 

woman works from home in Germany

A woman works in her living room at home. Photo: picture alliance/dpa | Daniel Naupold

One duty employers do have, however, is to instruct their workers about the best way to set up a healthy work environment at home, for example by giving guidance on how to regulate the temperature. 

“In the end, it is the employee’s responsibility to maintain his or her workplace in a condition in which he or she can perform his or her work without the threat of health impairments,” Brecklinghaus explained.

What can home office workers do in hot weather?

There are plenty of ways to keep flats cooler in the summer months, including purchasing your own fan, keeping curtains or blinds drawn and ventilating the rooms in the evening or early morning when the weather is cooler.

However, if heat is really becoming a problem, it’s a good idea to communicate this to your employer. This is especially important if you have a health condition that makes it more dangerous to work in hot weather. 

In some cases, you might be able to negotiate for the employer to pay for the purchase of a fan or mobile air conditioner as goodwill gesture. If possible, you could also arrange to travel to the office where the temperature should be better regulated.

Another option for early birds or night owls is to arrange more flexible working hours so you can avoid sweltering at your desk in the midday sun, although this of course depends on operational factors. 

READ ASO: Jobs in Germany: Should foreign workers join a union?

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