Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Germany. This article explains Germany’s leave laws, including Maternity Leave Public holidays Parental leave Annual Leave Sick Leave Bereavement Leave Paternity leave Jury Duty Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Maternity Leave | Up to 14 weeks. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Public holidays | Varies by state, generally 9 to 13 days. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Parental leave | Up to 3 years per child | Not applicable | Flexible arrangement possible | Not applicable | Not applicable |
Annual Leave | Minimum of 20 workdays per year | Accrues monthly | Yes, with conditions | Paid out if not used | No |
Sick Leave | Up to 6 weeks with full pay | Not applicable | Not applicable | Not applicable | Not applicable |
Bereavement Leave | Typically a few days. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Paternity leave | Paternity leave lasts for a short period, usually a few days. | There is no accrual system for paternity leave. | There are no carry-over rules for paternity leave. | No payout for unused paternity leave at termination. | No end-of-year payout for paternity leave. |
Jury Duty Leave | Jury duty leave is granted during the period of jury service. | Jury duty leave is not accrued over time. | No carry-over rules for jury duty leave. | No payout for unused jury duty leave at termination. | No end-of-year payout for jury duty leave. |
Pregnant employees are entitled to 6 weeks of leave before the expected date of childbirth and 8 weeks after, extending to 12 weeks for premature or multiple births.
Employees should notify their employer of their pregnancy as soon as it is confirmed and provide the expected date of childbirth to arrange maternity leave.
Maternity leave is a legal entitlement and does not require employer approval, though notification and medical documentation are necessary.
Maternity leave can be extended under certain medical conditions affecting the mother or child, as advised by a doctor.
Maternity leave does not need to be accrued; it is available as a right from the beginning of employment.
Maternity leave is event-specific and cannot be carried over.
Maternity leave benefits are provided around the childbirth period and thus are not subject to payout on termination.
There is no end-of-year payout for maternity leave as it does not accrue annually but is granted per pregnancy.
From the beginning of pregnancy until four months after childbirth, the employee is protected against dismissal except under exceptional circumstances approved by public authorities.
The number and dates of public holidays in Germany vary by state, but employees are generally entitled to between 9 and 13 days off per year depending on their state.
Public holidays are set by law, and thus no notice period for these days is necessary.
Public holidays do not require employer approval as they are mandated by law.
Additional public holidays are not typically granted as they are based on state legislation.
Public holidays do not accrue; they are fixed dates each year as determined by state laws.
Public holidays cannot be carried over as they are specific to certain dates.
There is no payout on termination as public holidays are not accrued.
There is no end-of-year payout for public holidays.
The specific public holidays and the rules surrounding them can vary significantly between different states in Germany.
Parents in Germany can take up to 3 years of parental leave per child until the child turns 3 years old. This leave can be shared between parents.
Parents must notify their employers at least 7 weeks before the planned start of parental leave, specifying the duration and timing of the leave.
Parental leave is a legal entitlement and does not require employer approval, although it requires compliance with notification deadlines and formalities.
Additional unpaid leave may be available under specific conditions, such as for child illness or if agreed upon with the employer.
Parental leave is not accrued but is available per statutory entitlement per child.
While the total leave is capped at 3 years until the child's 3rd birthday, parents can agree with employers to take portions of the leave at different times until the child turns 8.
Parental leave is unpaid, and therefore, there are no payout concerns upon termination of employment.
There is no payout for unused parental leave as it is unpaid.
Employees on parental leave are protected against dismissal, with some exceptions, from the time they register for leave until the end of the leave period.
Employees in Germany are entitled to a minimum of 20 workdays of paid annual leave per year, based on a 5-day working week. This increases with the length of employment at certain companies according to collective agreements or company policies.
The notice period for taking annual leave can vary depending on company policy. Employees are typically required to request leave several weeks in advance, and employers may regulate timing to prevent business disruptions.
Annual leave requests must be approved by the employer. Employers have the right to deny leave based on operational requirements, but they must consider the employee's interests.
Additional leave beyond the statutory minimum can be granted based on collective agreements, employment contracts, or company policies.
Annual leave accrues monthly but is typically available for use in full at the beginning of the calendar year. New employees accrue leave proportionally during their first year of employment.
Carry over of unused leave is generally allowed if used by March 31 of the following year. Exceptions can be made in cases of illness or other circumstances preventing leave usage.
Upon termination of employment, any accrued but unused annual leave must be paid out to the employee at their current rate of pay.
There is generally no end of year payout for unused annual leave, as employees are encouraged to use their leave during the calendar year or carry it over as per company policies.
Special provisions may apply for part-time workers, temporary employees, and during maternity or parental leave, affecting how annual leave is calculated and granted.
Employees are entitled to up to 6 weeks of paid sick leave per illness. If an illness extends beyond 6 weeks, health insurance may provide benefits at a reduced rate.
Employees must notify their employer of their sickness and expected duration of absence as soon as possible, typically on the first day of illness.
Sick leave does not require prior approval from the employer, but a medical certificate is usually required if the illness lasts longer than 3 consecutive days.
Sick leave quota resets annually and is not typically extended beyond statutory entitlements. However, extended benefits might be available through health insurance after 6 weeks.
Sick leave does not accrue but is available as needed per incidence of illness.
Sick leave entitlement does not carry over to the next year as it is granted per instance of illness rather than on an annual basis.
Unused sick leave is not paid out on termination as it is only applicable during instances of actual illness.
There is no payout for unused sick leave at the end of the year.
The entitlement to sick leave and its duration might be subject to statutory conditions or collective bargaining agreements that can adjust the general rules.
Employees are usually entitled to a few days off for the death of a close relative. The exact duration can depend on the relation to the deceased and company policy.
Employers should be notified immediately in the event of a death in the family to arrange bereavement leave.
While formal approval is typically not required, it is subject to notifying the employer and providing relevant details.
Any additional bereavement leave may be granted at the discretion of the employer based on individual circumstances.
Bereavement leave does not accrue and is granted as needed based on specific circumstances.
Bereavement leave cannot be carried over as it is intended for immediate use following a family member's death.
There is no payout for unused bereavement leave upon termination as it does not accrue.
There is no end-of-year payout for bereavement leave.
Bereavement leave generally covers immediate family members, though some employers may extend this to include other close relations.
Paternity leave in Germany is generally provided for 1-2 days after the birth of a child. This leave is granted to fathers to support the mother and take care of the newborn child.
Employees must inform their employer in advance of their intention to take paternity leave. Typically, a notice period of 7 days is required to ensure smooth planning.
The employee must request paternity leave from their employer, and the leave is subject to approval. This is usually granted as a statutory right under German law.
Additional paternity leave may be granted in exceptional cases, but it is not a common practice. Employers may offer extra leave based on the company's policies.
Paternity leave is not accrued over time but is granted as a specific entitlement following the birth of a child. It is typically a one-time leave benefit.
Paternity leave is generally used immediately after the birth of a child and cannot be carried over to the next year.
If paternity leave is unused, there is no payout upon the termination of employment. The entitlement is non-transferable and must be taken within the eligible period.
Unused paternity leave does not get paid out at the end of the year. It is a short-term leave that must be taken immediately after the birth of the child.
Paternity leave is a short-term entitlement granted to fathers. While some employers may offer more generous policies, the statutory entitlement is limited and strictly time-bound.
In Germany, employees are entitled to leave when called for jury duty. This leave is granted for the duration of the jury service, and employees are not expected to work during this time.
Employees must notify their employer of their jury duty summons as soon as they receive it, typically providing a few days' notice.
The employee must inform the employer and provide documentation of the jury duty summons. The employer must approve the leave based on the statutory requirement.
There are no provisions for additional jury duty leave beyond the actual duration of the jury service. However, employees may be entitled to a salary top-up during this time, depending on company policy.
Jury duty leave is not accrued as part of regular leave entitlements. It is granted only when the employee is called to serve as a juror and lasts for the duration of the service.
Jury duty leave is used in the period the employee is required to serve and cannot be carried over to the next year.
Employees will not receive a payout for unused jury duty leave upon termination of employment. The leave is granted only for the specific period of service.
Unused jury duty leave is not paid out at the end of the year, as it is linked directly to the period of jury service.
During jury duty, employees may receive compensation from the court or jury service provider. In some cases, the employer may top up the compensation to ensure the employee receives their full salary.
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