Understanding Labor Law: Special Paid Leave and Entitlements Explained

Labor law question

Some employers offer special paid leave for certain occasions – for example for the day when an employee becomes a father. But: Can employers simply exclude this possibility?

From dpa/tmn

February 5, 2024, 1:29 a.m. Reading time: 1 minute

ILLUSTRATION – Free days for moving etc.? There is no entitlement to special leave in Germany.

Photo: Christin Klose/dpa -tmn/dpa

Berlin (dpa/tmn). The birth of your daughter, your own wedding, a death: some days you just can’t think about work. There has to be special leave for that, right?

“Employees are generally not entitled to special leave,” explains Peter Meyer, a labor law specialist in Berlin. However, a special regulation in the Civil Code (Section 616 BGB) states that employees must be given paid leave if they are “unable to work for a significant period of time”. As the specialist lawyer explains, “for example, death, moving or weddings are classic cases.”

Special holiday rules possible in the collective agreement

However, employees have to keep one thing in mind: “Employers can exclude this regulation of the German Civil Code in the employment contract,” says Meyer. If this is the case, employees must take vacation for occasions such as their own wedding anniversary or the death of a relative. Special leave is also possible upon agreement, but is usually unpaid.

In some areas, special leave is regulated in the collective agreement, for example in the public sector. The cases in which employees receive special paid leave are expressly formulated here under the keyword “time off work,” explains Meyer. Where there are collective agreement rules, employers cannot prohibit special leave.

After termination: time off to look for a job

Another case in which employers cannot prohibit special paid leave, according to Peter Meyer, is time off to look for a job after a dismissal. If an employee requests time off for a job interview, for example, the employer must provide them with appropriate time off.

About the person: Peter Meyer is a specialist lawyer for labor law and a member of the executive committee of the labor law working group in the German Bar Association (DAV).

§616 BGB

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2024-02-05 00:31:46
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