Minimum vacation

In the case of a 6-day week, § 3 BUrlG provides a statutory oneMinimum vacation of 24 paid working days in advance. A 5-day week entitles you to at least 20 days of vacation . Severely disabled employees have an additional holiday of 5 days with a severely disabled degree of at least 50%.

Nowadays, 30 days of vacation are usually granted through employment or collective agreements.

The full vacation entitlement arises only when the employment relationship s has existed for more than 6 months. If the employment relationship has not yet existed for 6 months, the employee is entitled to partial leave equal to one twelfth of the annual leave for each month.

Forfeiture of vacation entitlement

Vacation can expire if the employee does not take the annual paid vacation, although the employer has asked him to take the vacation and has been advised that it will otherwise expire.

If the vacation could not be taken in full for operational reasons, the remaining vacation entitlement will be carried over to the following year. The vacation entitlements must be used up by March 31 of the following year so that they do not expire.

Illness while on vacation

Illness during vacation will not be counted as vacation if it is proven that you are unable to work, as the illness does not represent relaxation.

Vacation compensation

If the vacation can no longer be granted in whole or in part due to the termination of the employment relationship, it must be paid for. The basis for the calculation is the average earnings over the last 13 weeks (3 months).

The compensation amount for a 5-day week is calculated as follows:

Earnings in 13 weeks x remaining vacation

65 working days (5 days × 13 weeks)

Total earnings include, in particular, wages, allowances and meals.