Vacation in Germany: Employee Rights, Minijobs, Termination, and Sick Leave
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If you work in Germany, paid vacation is not a bonus from your employer. The minimum vacation entitlement is set forth in the Bundesurlaubsgesetz (BUrlG), and separate rules under the Jugendarbeitsschutzgesetz (JArbSchG) apply to minor employees. An employer may grant more days under an employment contract, a collective bargaining agreement, or internal company policies, but the number of days cannot fall below the legal minimum.
Minimum Vacation Under the BUrlG
According to § 3 of the BUrlG, the basic minimum is set at 24 Werktage per year. In German law, “Werktage” generally refers to days from Monday through Saturday, meaning the calculation is based on a six-day workweek.
For a standard five-day workweek, this corresponds to a minimum of 20 working days of vacation per year:
| Working days per week | Statutory minimum vacation |
|---|---|
| 6 days | 24 working days |
| 5 days | 20 working days |
| 4 days | 16 working days |
| 3 days | 12 working days |
| 2 days | 8 working days |
| 1 day | 4 working days |
Key principle: Vacation time is calculated not based on the number of hours per day, but on the number of regular workdays per week. If you work 2 hours a day on five different days, the calculation differs from a situation where you work the same number of hours over two days.
Minijob and Part-Time Work
Employees in Minijob, part-time, and other forms of part-time employment are also entitled to paid vacation. An employee cannot be denied vacation simply because their hourly rate is low or their salary is lower than that of their full-time colleagues.
A handy formula for a five-day workweek:
20 дней / 5 рабочих дней x ваши регулярные рабочие дни в неделю = ваш минимальный отпуск
Example: If you work a “Minijob” two days a week, your minimum vacation entitlement is 8 working days per year. This does not mean 8 consecutive calendar days; it means 8 of your regular working days.
When Full Vacation Entitlement Begins
According to § 4 of the BUrlG, full annual leave becomes available after six months of employment with the employer. This is called the Wartezeit.
Before the six-month period expires, “Teilurlaub” (partial leave) is often granted, meaning a proportional portion of the vacation. In addition, many employers allow employees to take vacation earlier by mutual agreement. If you are told that taking vacation before the six-month mark is not possible at all, you should check your contract, internal policies, and the applicable collective bargaining agreement.
How Vacation Time Is Agreed Upon
The employer must take the employee’s preferences regarding the timing of vacation into account. A request may be denied if there are urgent operational reasons or a conflict with the vacation of other employees who have more compelling social grounds. This follows from § 7 of the BUrlG.
In practice, it is best to do the following:
- Submit a vacation request in writing or through the HR system.
- Keep a copy of the submission confirmation and the response.
- Do not purchase tickets before receiving approval if your company requires prior authorization.
- If your vacation requests are consistently denied without a clear reason, ask for a written explanation.
Taking vacation without permission can lead to a labor dispute. Even if you are entitled to vacation, the dates usually need to be agreed upon.
Termination and Unused Vacation
When terminating employment, it is important to distinguish between two issues: how much vacation time has already been accrued, and whether it can be used before the last day of work.
According to § 5 of the BUrlG, an employee is entitled to 1/12 of their annual leave for each full month of work if the employment relationship ends in the first half of the calendar year or if the six-month Wartezeit has not yet been completed. Fractional parts of leave shorter than half a day are rounded up to a full day.
If vacation cannot be granted due to the termination of the employment relationship, § 7 of the BUrlG provides for monetary compensation for unused vacation. The amount depends on earnings and the number of remaining days, so it is best not to estimate a universal amount based on someone else’s example. For a rough estimate, one typically considers the average earnings prior to the vacation and the number of unused workdays.
Important: Contractual vacation time exceeding the statutory minimum may be governed by separate provisions. Therefore, upon termination of employment, you should review not only the BUrlG but also the employment contract, collective bargaining agreement, and any applicable company agreements.
Illness During Vacation
If you become ill during your vacation, those days should not automatically be deducted from your vacation balance. According to § 9 of the BUrlG, days of incapacity for work confirmed by a doctor’s note are not counted as vacation days.
What to do in practice:
- Notify your employer immediately if you become ill, in accordance with your company’s policies.
- Obtain a doctor’s note certifying your inability to work.
- Find out how the certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung) is submitted, especially if you become ill while abroad.
- Do not extend your vacation on your own: any days you take back must be agreed upon again.
Example: You took two weeks of vacation, and five workdays were certified as sick leave. These five days do not count toward your vacation time, but new dates for your vacation must be agreed upon separately.
Underage Workers
For employees under the age of 18, § 19 of the JArbSchG applies. The minimum annual leave depends on the employee’s age at the start of the calendar year:
| Age at the start of the year | Minimum vacation |
|---|---|
| Under 16 years of age | 30 Werktage |
| Under 17 years of age | 27 working days |
| Under 18 | 25 working days |
If a minor is attending a vocational school (Berufsschule), vacation time should, if possible, coincide with school breaks. If this is not possible and the minor must attend vocational school during their vacation, additional vacation days may be granted under the provisions of the JArbSchG.
What to Check in Your Contract
Before speaking with HR, it’s a good idea to open your employment contract and check:
- How many vacation days are specified in the contract;
- Which workweek is used as the basis for the calculation: 5 or 6 days;
- Is there a collective bargaining agreement or a company agreement?;
- How to request vacation;
- What happens to vacation time upon termination;
- Are there separate rules for vacation time beyond the statutory minimum?
If the wording is unclear, it is best to request a written explanation from HR or seek advice from the works council (Betriebsrat), a labor union, the Consumer Advice Center (Verbraucherzentrale), or a labor law specialist.
Common Mistakes
- Assume that a “Minijob” does not entitle the employee to vacation time.
- Do not confuse calendar days with workdays.
- Wait until the end of the year and fail to document the employer’s refusals in writing.
- Do not take sick leave while on vacation.
- Do not check vacation pay upon termination.
- Relying solely on verbal explanations such as “that’s how we do things here.”
Quick Summary
In Germany, vacation time is regulated by law, not just by a company’s internal policies. The minimum for a five-day workweek is usually 20 working days per year, and for a six-day workweek, 24 working days. Minijobs and part-time positions also entitle employees to vacation; sick leave, if supported by a doctor’s note, should not be counted as vacation, and unused vacation days may be subject to compensation upon termination.
