The special leave in the labor law – when do you get additional time off?
Special leave may be granted if the child or a close relative is ill. Often there is also in death leave.
Workers are entitled to a certain amount of vacation time per year, which the Recovery from the rigors of work serves. Deadline prere, for example, can eventually cause nerves and strength to fade quickly, which is where the Quality of work output sometimes suffers.
The Federal Vacation Act prescribes a Minimum of 20 working days with a five-day week and 24 days in the case of a six-day week. During this time, employees are not required to work, but are still paid.
In certain exceptional cases there is in addition, an entitlement to even more leave. This Special leave is regulated by law. This article explains when you must be granted additional days off and whether you also receive compensation in the process.
Compact knowledge: Special leave
Employers can authorize special leave for their employees in case of an exceptional situation in their private life. So you do not have to use your actual vacation entitlement.
The law does not explicitly specify situations in which employees can take special leave. For this reason, many employers are guided by the occasions specified in the collective agreement for the public service (TVoD). Employees usually get additional time off for the birth of a child or the death of a relative.
As a rule, employees receive two days of additional leave for the death of a spouse, one day for the birth of a child, and one day if the employee moves to another city for business reasons.
Legal special leave – on what occasions are you given time off exceptionally?
Which occasions are suitable for being given time off by the employer basically derivable from the Civil Code (BGB). The one to be attributed to the labor law paragraph 616 states:
The person obliged to perform the service shall not be deprived of the right to remuneration if he is prevented from performing the service for a relatively insignificant period of time due to a cause within his person and without his fault. However, the employee must take into account the amount he or she is entitled to for the period of absence under a health or accident insurance policy based on a statutory obligation."
From this it follows: If the conditions of the law apply, then you may employees expect to be paid during this time.
Attention: Just because the law makes justjene regulation, this does not mean that a collective agreement, an employment contract or a works agreement cannot stipulate that precisely those benefits are not guaranteed or are guaranteed only in a modified form.
And under what circumstances do you get off now concretely? In public sector employees receive time off in accordance with the agreed collective bargaining agreement on the following occasions:
– birth of own child – death of spouse/life partner, own child, mother or father – relocation due to operational needs/transfer to another city – many years of employment (at 25-year anniversary and at 40-year anniversary) – serious illness of own child or relative living in own household
The provisions on special leave for Federal civil servants and judges are covered by the Special Leave Ordinance (SUrlV) recorded. The provisions here are formulated much more extensively than in the Civil Code.
Special leave in case of death
Special leave in case of death: if father or mother dies, many employers grant one or two additional days off.
The employer must normally give the employee time off for the following reasons, death of a close relative, z. B. there is special leave in case of death of the mother. In addition, the following applies: Does he have to cope with the loss ofFather, spouse or own child If the employee is unable to cope, he or she is often entitled to special leave to go to the funeral.
Days off in case of death never help, of course, to get over the loss of a loved one in its entirety. However, the leave entitlement in the event of a death can still be helpful, not only when special leave is taken in the event of the mother's death.
The labor law provides for special leave, so that the affected person can deal with all the organizational activities on the one hand, and on the other hand can deal with the clear mental burden. In such an exceptional situation the professional requirements often seem very remote. Some time to take a deep breath, to process and to grieve in the case of special leave in the event of death are therefore often worth their weight in gold
Many employers grant additional leave only for first-degree relatives. These include:
Special leave for mother-in-law's funeral as well as grandparents' funeral is often not granted.
How long you get leave in the event of a death in the family is also determined by, How long you have been working in. Most bosses grant special Special leave in case of death in the amount of maximum two days. If you have been an integral part of the team for a long time, it is quite possible that your employer will grant you a special leave of up to two weeks Granted.
If you work in a company that is not so accommodating and grants you special leave in the event of the death of, for example, one of your siblings, you can Also submit regular leave or request unpaid leave of absence, to give you the time you need to come to terms with the loss.
Special leave may be given for relocation if the employee is transferred.
By the way: Fridays in the event of a death You will usually also receive a leave of absence if the children are adopted and not your biological children.
If you are unable to perform your work and your vacation days have already been used up by the time of the death, a doctor may be able to help.
He writes you sick if necessary.
Special leave for wedding
Who decides to marry his partner also has the Right to request special leave from his employer. This is often granted for this purpose additional day off. Sometimes there is even more, if the employment contract or collective agreement provides for this. Therefore, check these places to see how long the expected leave will last.
Are there also special leave for the wedding of the child? Yes, even if the own offspring comes under the hood, you are likely to get one day off. The same applies vice versa to children: they may request request special leave for the silver wedding anniversary and the golden wedding anniversary of your parents.
Special leave for birth
Special leave for birth? Expectant fathers often get a day off on the day of childbirth.
And what about the approaching arrival of a new citizen of the earth? That mother does not have to appear at work seems natural, The Maternity Protection Act stipulates that no gainful employment is permitted for six weeks before and eight weeks after the birth. to support your partner during the birth process. Listening to the offspring at the first cry?
Many employers take this special situation into account and give one extra day off. Nevertheless, even in this case the specific formulation of the employment contract or. of the collective agreement decisive. If you have agreed with your boss that the provisions of Section 616 of the German Civil Code (BGB) do not apply to your employment relationship, special leave is not available.
No relevance on the other hand owns, whether you and your partners are married to each other or not. This has no effect.
Special leave in case of relocation
If the change of residence is imminent, then you may be entitled to special leave under certain circumstances. Decisive for this is, among other things, the reason for which it takes place:
The special leave: free days help to organize a funeral or to coordinate the movers.
Relocation for personal reasons: special leave is not usually granted for this purpose Relocation due to operational needs (the employee is transferred to another location of the company): in this case, you usually get at least one day of leave, which exceeds the legal entitlement. The A and O here are the regulations in the employment contract or collective agreement.
If these do not provide for special leave to be granted for a business-related move, you will often have to take the necessary time off from your limited leave budget.
When is the time off not paid?
Some families have to deal with hard blows of fate, which include taking a child needs intensive care. legislator takes this circumstance into account by granting parents a certain contingent of Fridays is guaranteed. However, these are then not paid.
For each child, an employee can take ten days of additional vacation per year. If more than one, the number is limited to a maximum of 25 days. Those who take care of the upbringing of an offspring alone get twice as many days.
If a child has a severe disability or an illness that can no longer be stopped by therapy, the employee is entitled to a longer period of leave. No remuneration is paid for this either.