Unpaid leave – Do employees have a right to it??
Unpaid leave: An occasion can be z. B. be on leave when the child is ill.
The Annual leave is highly valued by many employees, because the days off are usually rather scarce. To prevent employees from focusing solely on their work and losing sight of their health in the process, there is therefore a minimum legal quota. Who, for example five days a week toils, may stay at home on 20 days a year and continues to receive his or her pay.
But what if the time stipulated in the Federal Vacation Act is not enough to recover or. one longer time off would be necessary, to take a trip around the world, for example? Do you have a right to request unpaid leave from the employer? Or are you dependent on the concession of your superior? In the following we explain what the labor law says on the subject of unpaid leave.
Compact knowledge: Unpaid vacation
No, there is no legal right to unpaid leave. The Federal Leave Act provides only for paid annual leave. However, an entitlement may arise from the employment or collective bargaining agreement if a corresponding provision exists there.
Employer must give employee time off to care for dependents or to care for sick child.
If the unpaid leave lasts no longer than one month, you also remain covered by health insurance during that time. After that, the employer will deregister you with the health insurance company. Reapply with resumption of work.
For what reasons you sometimes have to take unpaid leave?
Unpaid leave: How long does it last?? Since you do not have a legal right, it depends on the employer.
Sorting through files day in and day out, sifting through and answering e-mails, and paying bills – after a while, many employees get tired of the uniformity of their activities and wish for more than a few days off on weekends each month. But there are not only such reasons for unpaid leave, also other occasions may spur the desire for extended time off. Conceivable in this context would be, for example, these:
– Extending parental leave – caring for a sick child or close relative
However, since you are in an employment relationship and bound by contractual obligations, the question arises, "Do I have an In principle, I am entitled to the extension of my leave beyond the actual agreements?"
Does the legislature consider unpaid vacation days to be a fundamental employee right?
The minimum number of days of rest to which employees are entitled per year is defined by the Federal Vacation Act. Unpaid leave is not addressed herein. However, it holds that the information provided is the minimum. Employees and employers can, of course, agree on a lot more vacation days beyond that.
If employees want to take leave for a period that exceeds the scope of the employment contract, it depends on the goodwill of the employer whether unpaid leave is granted or not.
Whether unpaid leave is possible, and if so, for how long be taken from the employment contract usually agreed at the outset. This often has a clause about whether leave may be taken without pay and you will be released for that time. In addition, it is also worthwhile to browse through company agreements and collective bargaining agreements. Here you will usually also find.
Can you take unpaid leave? As a rule unpaid leave depends on the agreement with your employer. Attention: You will only benefit from social and health insurance for four weeks afterwards. With the expiration of the period you are logged off.
Is an application for unpaid leave to be made?
Unpaid leave: you should submit the application for approval to your employer.
If you now find yourself in a predicament through no fault of your own, for example because your mother has fallen seriously ill and you now want to care for her, you should apply to your superior for unpaid leave – and do so as early as possible.
In the company your work performance is finally expected. How such a The following example shows how an agreement on the subject of "unpaid leave" might look like. Incidentally, if a first-degree relative has died, employees are usually granted special leave.
How does an application look like? Unpaid leave sample letter
Our sample is at your disposal available as a free download. Since unpaid leave is usually taken for very different reasons, you have on our template both as Word- as well as PDF-file Access. You should change these according to your needs before submitting the request to your employer.
Employee's first and last name Employee's address Postal code and city of residence
Name of the company First name and surname of the contact person Street and house number Postal code and city
Sample application: Unpaid leave from [insert date] to [insert date]
Dear Ms./Mr. [name of addressee], I hereby apply for unpaid leave from [insert date] to [insert date], as my regular leave entitlement for this year has already been exhausted. My request is based on the fact that my mother is seriously ill and dependent on care, which I would like to take over myself in her last weeks.