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Study leave: it doesn’t work, it doesn’t exist

What is study leave?

In the Convention n. 140 of the International Labor Organization (ILO) on paid educational leave of 24 June 1974, the Federal Republic of Germany undertook to introduce paid educational leave for the purpose of vocational training, general and political education and training trade union. Since the federal states are responsible for education in Germany, they have also passed corresponding laws. At least almost everyone: Bavaria and Saxony are currently the only two federal states in which there is no statutory entitlement to training leave.

How is it regulated?

For educational leave (referred to as educational leave or educational time in some federal states), an employer must give its employees paid leave for further training. Employees (in 14 out of 16 federal states) are legally entitled to it. Leave for study reasons is granted in addition to ordinary leave. The content of continuing education must not (!) be related to professional activity.

How many days of leave for study purposes do I have?

Normally you are entitled to five days of study leave per year or ten days in two years.

I live and work in several federal states. What rules apply to me?

The place where you work. This can also be the home office if this is your primary workplace. Sometimes it is not possible to determine the exact location. If in doubt, ask the works council or the personnel council.

I can’t take extra vacation because I have too much work.

It is the duty and part of the employer’s duty of care to enable employees to undergo further training, either through appropriate work organization or – in the event of constant pressure on orders and staff shortages – by hiring other employees.

Text: Christiane Nölle

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