Navigating Germany leave laws is essential for both employers and employees. This guide covers the key aspects of various leave types, including annual vacation, sick leave, maternity and paternity leave, and more. We break down important laws like the Federal Holiday Act and the Continued Remuneration Act to help you understand your rights and responsibilities. Whether you’re a full-time employee, part-time worker, or mini-jobber, this article provides the information you need to manage your Day Off effectively and maintain a healthy work-life balance.
Annual Leave in Germany
Standard Leave Entitlement
Employees in Germany working a 5-day week are entitled to a minimum of 20 days of paid annual leave. For those working a 6-day week, the entitlement increases to 24 days. These figures exclude public holidays, which are additional. This entitlement is guaranteed under the Federal Holiday Act (Bundesurlaubsgesetz) and applies to all full-time employees.
Comparison with Other European Countries
Germany leave laws aligns with other European countries, where 20 days is a common minimum for full-time employees. However, some countries like France and Finland offer 25 days, and the UK offers 28 days.
Terminology
Vacation leave, also known as annual leave or Urlaub, is the term used for these entitlements.
Practical Implementation
In practice, many German employers offer more than the statutory minimum, with employees often receiving 25-30 days of leave annually, thanks to the Collective Agreements Act (Tarifvertragsgesetz). The average number of days typically provided is around 28, although this can vary by industry.
Additional Leave Options
Employees can negotiate additional unpaid leave, subject to employer approval. Certain groups, such as young workers under 18, individuals with disabilities, and those performing heavy or hazardous work, are entitled to extra leave. Employees with severe disabilities are entitled to an additional five days of paid leave.
Mini-Job and Part-Time Employees
Mini-jobbers, who earn less than 520 euros per month, and part-time employees are also entitled to annual leave. Their leave is calculated based on the number of days they work each week. For instance, a mini-jobber working 5 days a week is entitled to 20 days of leave, while a part-time worker on a 4-day week is entitled to 16 days.
Waiting Period
Employees accrue leave from their first day of work but can only take it after six months of employment. If an employee is terminated within this period, they are entitled to half of their accrued leave. Full entitlement is granted after six months.
Carryover Policy
Germany leave laws generally follows a “use it or lose it” policy, requiring employees to use their leave within the calendar year. However, exceptions are made for personal or operational reasons, allowing carryover until March 31st of the following year. Many employers permit some carryover, typically up to 10 days.
Holiday Pay
During leave, employees receive full pay based on their average earnings over the 13 weeks prior to the holiday. Payment in lieu of untaken leave is only permitted upon termination of employment.
Payment of Unused Holiday Upon Termination
Employees must be paid for any unused leave at the end of their employment, although employers may require them to use this leave during their notice period.
Sick Leave in Germany
Entitlement and Duration
Employees in Germany leave laws are entitled to up to 6 weeks of fully paid sick leave, provided they have been employed for at least four weeks. This is mandated by the Continued Remuneration Act (Entgeltfortzahlungsgesetz).
Extended Sickness Benefits
If the illness extends beyond 6 weeks, employees receive sickness benefits from their health insurance, covering 70% of their usual earnings for up to 72 weeks, but not exceeding 90% of their net salary.
Recurrent Illness
For recurrent illnesses, a new 6-week period starts after a 6-month gap from the last sick leave or a year from the start of the previous sick leave. Different illnesses restart the 6-week period automatically.
Encouraging Health
German employers encourage sick leave for health reasons. Employees must notify their employer immediately if they are ill and provide a medical certificate if the absence exceeds three consecutive days.
Sick Leave During Vacation
Some companies allow employees to convert vacation leave to sick leave if they fall ill during their holiday.
Payout
Employers pay 100% of the salary for the first 6 weeks. For smaller employers (fewer than 30 employees), the national health insurance reimburses 80% of the sick pay.
Maternity, Paternity, and Parental Leave in Germany
Maternity Leave
Pregnant employees are entitled to 14 weeks of paid maternity leave, starting 6 weeks before and ending 8 weeks after the birth. In cases of complications or multiple births, postnatal leave extends to 12 weeks. Maternity pay is calculated based on the average gross salary of the 3 months preceding the leave, shared between the Health Insurance Company and the employer. Job protection is ensured under the Maternity Protection Act (Mutterschutzgesetz).
Paternity Leave
Currently, there is no formal paternity leave, but starting in 2024, fathers will receive 2 weeks of paid leave automatically after their child’s birth.
Parental Leave
Parents, both biological and adoptive, can take up to 3 years of unpaid leave (Elternzeit) until their child turns 3, with the option to extend up to 24 months until the child’s eighth birthday with employer approval. During parental leave, employees have the right to work part-time (15-30 hours per week), unless urgent business reasons prevent this. Parents can also claim parental allowance (Elterngeld) during this period.
Carer’s Leave
Family Care Leave
Employees can take up to 10 days of unpaid leave to care for a family member in need, as stipulated by the Family Care Leave Act (Pflegezeitgesetz).
Nursing Care Leave
Similar to family care leave, nursing care leave allows up to 6 months of unpaid leave to care for a close relative.
Bereavement Leave
Employees are typically allowed 2 days of leave for the death of a close family member (Sonderurlaub).
Public Holidays in Germany for 2024
Germany has 9 nationwide public holidays observed by all states. Additionally, each of the 16 German states has its own specific public holidays, ranging from 10 to 14 days per year.