How much vacation are employees entitled to per year?
Vacation entitlement is determined by how many days a week you work.
Most employees work five days a week for at least eight hours, after which a two-day Recreation period in the form of the weekend follows. This Period serves for regeneration. In addition, they also have Entitlement to a certain number of vacation days per year, which the legislator defines as Compensation for work granted.
According to labor law, vacation is stipulated in the Federal Vacation Act (BUrlG). However, this is only lowest limit. Employee and employer can also agree on a higher number in the employment contract.
This guide provides information on the minimum entitlement to vacation, what the situation is with vacation during the probationary period, which regulations apply in the event of illness during vacation and what happens to the vacation entitlement in the event of dismissal.
Compact knowledge: Vacation
The Federal Vacation Act (BUrlG) applies to all employees. Thus, no distinction is made between mini-jobbers, full-time employees or part-time employees.
By law, at least 24 vacation days per year are required for a 6-day week. With a 5-day week, this would be equivalent to 20 vacation days. Contractually, however, the employer can always increase your vacation entitlement.
If you simply take your vacation without the boss's permission, you may face a warning or, in the worst case, dismissal.
Detailed information on vacation:
Statutory vacation entitlement
How is the legal vacation entitlement regulated in labor law?? Find out here!
What happens to remaining leave at the end of the year, in the event of dismissal or long illness?? Read it here!
What vacation pay is and how it differs from vacation pay, read here!
In some situations, you can apply for special leave, which is not deducted from the actual vacation.
Unpaid leave may be necessary if the child is ill and needs to be cared for.
This guide reveals whether employers are required to pay vacation pay.
Sabbatical year (sabbatical)
Do you have a legal entitlement to professional time off?? Read more here!
What should be taken into account for the company vacation according to labor law? You can find out everything you need to know in our guide!
Working during vacation
Is working on vacation allowed? Under what conditions? The most important information on the subject here!
Leave during the probationary period: you do not yet have the complete vacation entitlement.
The Federal Vacation Act stipulates that the vacation entitlement, which is prescribed by law, in full only after a period of six months is acquired.
In this so-called waiting period you cannot take the complete vacation.
The first half of a year is often considered as Probationary period Agreed, in which the employee and employer get to know each other and, under certain circumstances, dissolve the employment relationship again relatively quickly.
You are entitled to the following during this period therefore not the complete statutory vacation entitlement to. However, this does not mean that you have to give up vacation in the first six months.
In the probationary period you may take vacation. This amounts to at least one-twelfth of the annual leave per month. This means: If the employer grants you 24 days of vacation per calendar year, you are in principle entitled to at least two days off per month during the probationary period. However, it is possible to agree in the employment contract that no vacation may be taken during the probationary period.
If the partial vacation entitlement is not used, it is possible to take the outstanding vacation days at a later time.
Can the employer refuse the request for leave?
The summer vacation is coming up, you want to fly to the south with your family. submitted to the employer, the disillusionment comes quickly, the desired vacation is denied to you. Is that legal? Yes, in principle it is allowed. The Federal Vacation Act states:
When determining the time of vacation, the employee's vacation wishes must be taken into account, unless their consideration conflicts with urgent operational concerns or vacation wishes of other employees who deserve priority from a social point of view. Leave shall be granted if the employee requests it following a measure of preventive medical care or rehabilitation.” § 7 Paragraph 1 BUrlG
The Employer must approve the vacation in advance. If the employee does not express his or her wish or does not grant the request, the leave will not be granted. He has the right to do so, but only under the condition that urgent operational reasons speak against the approval of the leave. These include, for example:
– acute orders, which must be completed by a certain date – too few staff due to, for example, many cases of illness – good order situation – year-end work – company vacations – if necessary. the vacation wishes of other employees
If the vacation refused, the employer must give reasons for this. This must not become the rule; after all, the Federal Vacation Act stipulates that the employee's vacation wishes must be heard.
Some employees have priority in vacation planning. If, for example, an employee has not yet taken any vacation this year, he or she is generally to be given preferential treatment by the boss. In addition, aspects such as the age and school-age children. The employer must also take this into account when granting the vacation entitlement.
Take the vacation, although it was not granted by the employer, this can be ordinary or, in the worst case, termination without notice entail. Before it – possibly also inadvertently – comes to a Self-leave Therefore, it must be clarified in advance whether the leave has been approved or not.
Can an approved leave be withdrawn?
If the employee has the written consent of the employer, this can only be revoked with the consent of both parties to the contract.
The labor law states: The employer may refuse vacation at a certain point in time under certain circumstances.
However, exceptions also apply here. If, for example an exceptional situation arises unexpectedly, for example, because several employees are not able to work and therefore the operational process is disturbed to a considerable extent, then the employer may unilaterally postpone the vacation that has already been approved.
However, for his action requires existential emergency and thus of a valid reason. If the boss brings you back from vacation, he usually has to bear the costs. Christmas Eve applies. New Year's Eve as a vacation?
The Working Hours Act states that Sundays and public holidays are in principle non-working days represent. Of course, the following rules apply here, for example, to the catering industry, etc. Special requirements. On the two Christmas holidays (25. and 26. December) and New Year's Day (1. January), employees therefore do not have to work. As they are public holidays, they are not deducted from the minimum vacation entitlement. However, this rule does not apply to Christmas Eve and New Year's Eve.
Christmas Eve and New Year's Eve are regular working days, if they do not fall on a Sunday. Employees must therefore – if they want to have vacation on this day, take time off. And also a whole day each time. This is then from the vacation agreed in the employment contract. In many collective agreements, however, both days are declared as public holidays. Other companies handle it in such a way that employees only have to submit half a day of vacation. This company practice must be stated in the employment contract.
Attention: If the employer gives you unrestricted time off on these days in three consecutive years, the behavior on the operational practice. This means that you are also entitled to it in the future, to have these days off. The same applies if the other employees are given half a day of leave. The principle of equal treatment states that you must then also be granted this right.
Can the vacation also be taken in one piece?
The Federal Vacation Act states in this regard:
Vacation must be granted consecutively, unless urgent operational reasons or reasons relating to the employee make it necessary to divide the vacation. If the vacation cannot be granted contiguously for these reasons, and the employee is entitled to vacation of more than twelve working days, one of the vacation parts must comprise at least twelve consecutive working days." § 7 paragraph 2 BUrlG
A general vacation entitlement to use up the available quota at once does not exist. The Employer can therefore demand that the vacation be taken in pieces, if there is operational reasons required make. On the other hand, it is not permitted to grant vacation only in individual days, as this would not ensure the purpose of the vacation – recreation – to a sufficient extent.
What happens to the vacation entitlement if the entire vacation in the employment contract is not taken within a year?
Vacation not taken is sometimes paid out.
If an employee fails to use up his or her statutory vacation entitlement within a calendar year, he or she is not entitled to take the full amount, he can conditionally take the remaining days with him into the new year.
entitlement remains up to 31. March of the following year exist. Up to this time he can still take the vacation, then it expires.
Under certain conditions, remaining vacation from the previous year can be taken even after the deadline in March of the following year. However, this is only possible if the employee has been ill for a long time (since the beginning of the year and for more than three months). Then he must submit the vacation promptly after the restoration of his ability to work, in order not to forfeit it – so the Federal Labor Court ruled.
Can unused vacation alternatively be paid out?
In principle, the compensation for vacation not taken is not allowed by law. Finally, the employee shall recover. Compensation for vacation also entails the risk that employees will improve their pay as a result. This is also a circumstance that runs counter to the aim of the vacation.
In practice, however It is common practice for employers to pay off their employees, to work off the existing orders. You are taking a high risk, as employees could still insist on their statutory vacation entitlement.
A legally secure situation for both parties, on the other hand, is the Payment of the remaining vacation at the end of the employment relationship dar. In this case, payment of the vacation entitlement is legitimate and is even required by the Federal Vacation Act:
If the vacation can no longer be granted in whole or in part due to termination of the employment relationship, it must be paid off." § 7 BUrlG paragraph 4
is calculated in the same way as the vacation pay. It is based on the average earnings of the last 13 weeks before the start of the vacation or. the departure from the company. Overtime is not taken into account. Accordingly, the total amount of vacation is calculated from the remaining vacation days.
At a Example declares, this means: The departing employee is responsible for 2500 Euro gross employed and leaves the company at the end of the month. He is on sick leave until that time and cannot exhaust its legal vacation requirement therefore. There are still ssix vacation days from.
With the following Formula calculate the outstanding vacation pay: average gross wage x remaining vacation : number of working days within the last 13 weeks
That makes in the present example 750 euros in outstanding vacation pay.
What happens in case of illness during vacation? If this has an effect on the statutory vacation entitlement?
If you fall ill while on vacation, you should inform your employer immediately by telephone.
It is not uncommon for an employee to have been looking forward to a planned vacation for a long time, and then, on the first day off, he falls ill. Annoying. And now? Do you have to use your vacation to get well or does a sick leave have to be taken?
If you fall ill while on vacation obligated to go to the doctor already on the first day of the vacation. About the disease he has inform the employer promptly, because it is subject to so-called Reporting obligations.
In addition, he should ask a doctor for the Have incapacity for work confirmed. The certificate file with the employer. As a result this period is not deducted from the vacation entitlement. So it says paragraph 9 of the federal vacation law.
Even if you are abroad and become ill, you must inform the employer of this. Section 5, paragraph 2 of the Continued Payment of Remuneration Act (EntgFG) states that the employee immediately also has to communicate the probable duration as well as the address at the place of residence, so the, the hotel or the respective hospital. And that in the fastest possible way.
best by telephone call or fax. The following also applies during vacation: the certificate of incapacity for work must be submitted to the employer. The time is specified in the employment contract, the company agreement or the collective agreement. The statutory health insurance fund must also be informed about the illness abroad.
If you become ill while on vacation, the time off does not automatically become longer as a result. Because: They must apply for vacation again, to make up for the days.
It becomes problematic if employees within the spare time compensation fall ill. If employees have accumulated overtime, the employer may, in return "Extra vacation" grant. If you fall ill during this time, the Vacation entitlement according to a ruling of the Federal Labor Court not adjusted will be.
Another exception applies if the own child in the vacation ill. So even if you invest your time off in caring for the child and cannot sufficiently regenerate himself/herself, you can do this not claim.