Knowing employee leave policies is crucial for German labor law compliance as well as a happy, productive workforce. Germany’s approach to leave in general is structured, well-regulated, and specified by federal legislation, collective bargaining agreements, and court precedents. This guide explains the main categories of employee leave in Germany, such as vacation, sick leave, Family and Medical Leave, and other specialized categories of leave.
Annual Leave
According to the Federal Holiday Act (Bundesurlaubsgesetz), workers in Germany are guaranteed a minimum of 24 working days of paid leave per year, assuming a 6-day workweek. If the employee is working a standard 5-day week, this amounts to at least 20 days of leave. Collective agreements usually raise this figure, but a majority of contracts give up to 30 days off.
Leave is to be requested by the employee and approved by the employer in cases where there are no compelling reasons for operational grounds not to. Leave must be for at least 12 consecutive days, and vacation may be broken if required. Unused leave can be carried forward to the next year but must be taken by March 31. It will lapse after this date unless, on medical grounds, it has been extended.
Younger employees are awarded more generous leave days based on age, while those who do dangerous work, such as mining underground, get extra days. Employees get paid in full while on leave, calculated on the average of their own earnings for the last 13 weeks, minus overtime.
Sick Leave
German sick leave is regulated under the Continued Remuneration Act (Entgeltfortzahlungsgesetz). Workers who have been with their employer for more than 4 weeks are granted 6 weeks of full pay sick leave per illness. When a worker becomes ill with another condition, the 6 weeks start over. Statutory health insurance then pays a sickness benefit equal to 70% of their salary, up to 78 weeks within 3 years.
Sick leave must be reported promptly to the employer, and a medical certificate is required after 3 calendar days of absence. For longer-term illnesses, employers and employees should collaborate on reintegration plans, including reasonable accommodations or job modifications.
Workers who are quarantined due to infectious disease (such as COVID-19) are covered by wage replacement in the Protection Against Infection Act. The employer pays this in the first instance, but they can apply for reimbursement from the state.
Family and Medical Leave
Germany enjoys strong Family and Medical Leave protections, especially for new and expecting parents. Employees are given as much as 3 years of parental leave, which may be divided between parents or taken together. A maximum of 12 months of leave can be postponed until the child is 8 years old, subject to the employer’s approval.
While on parental leave, employees are allowed to work part-time (a maximum of 32 hours a week). Maternity leave is counted towards the 3-year parental leave. The Basic Parental Allowance (Basiselterngeld) covers 67% of the pre-birth earnings of the employee for 12 to 14 months. Other allowances are ElterngeldPlus and the Partnership Bonus for longer or shared parenting.
Family Nursing and Care Leave
Workers in companies with over 15 employees are eligible for Family Nursing Care Leave and can work at least 15 hours a week while taking care of a dependent. The leave in general is eligible for up to 24 months’ duration, giving the employer at least 8 weeks’ notice. A care certificate issued by a medical authority of medicine is necessary to confirm the necessity.
An independent Nursing Care Leave of a maximum of 6 months (unpaid) is offered for immediate full- or part-time care of an immediate family member, with 10 working days’ notice. Both leaves of care can be taken together, but should not exceed 24 months for each relative.
Other Types of Leave
- Bereavement Leave: Not outlined in common labor law, collective agreements in the case of public sector employees usually entitle 2 days of paid bereavement leave on the passing of a close relative.
- Youth Leave: Younger workers under the age of 18 are given 25 to 30 working days of leave, depending on their age category.
- Unpaid Leave: While not directly governed, unpaid leave may be reached mutually by employer and employee, particularly for extended personal requirements or study.
Compliance and Planning
Employee welfare and work-life balance are the priority of German leave legislation. Yet complexity in combining national law, collective agreements, and industry rules may prove troublesome for employers, particularly international ones.
To remain compliant, employers need to:
- Monitor leave balances correctly.
- Provide timely notification of leave usage and expiration.
- Be open with regards to entitlements in employment contracts.
- Be prepared to accommodate part-time arrangements on Family and Medical Leave.
Conclusion
Germany’s employee policies for leave in general are an extension of its overall devotion to social security and protection for the worker. From liberal annual and sick leave provisions to flexible parental and nursing care leave, employers are supposed to provide a supportive environment for employees while at the same time adhering to regulations.
For businesses overseeing global operations or finding their way through intricate labor compliance in Germany, Global People Strategist has a single platform solution to gain access to current, geographically specific leave policies and employment law insight, enabling the HR, Legal, and Finance departments to meet all compliance requirements with confidence.
