Special leave, employment contract - employment law 2020

Special leave can be granted if the child or a close relative is ill. Often there is also vacation in the event of death.

Workers have the right to a certain amount of vacation a year, which the Recovery from work stress serves. Deadline pressure, for example, can ultimately quickly make nerves and forces dwindle The quality of the work results sometimes suffers.

The Federal Vacation Law enrolls Minimum of 20 working days for a five-day week and 24 days in a six-day week. During this time, employees do not have to do their work, but are still paid.

In certain exceptional cases moreover a right to further vacation. This Special leave is regulated by law. This article explains when you have to be granted additional days off and whether you also receive remuneration.

Statutory special leave – on what occasions are you exceptionally exempted?

What are the reasons for being exempt from the employer? generally derived from the Civil Code (BGB). The one attributable to labor law Paragraph 616 says:

The person obliged to provide the service is not deprived of the right to remuneration by being prevented for a relatively insignificant period of time by a personal reason without being at fault for the service. However, he must have the amount credited to him for the time of the prevention from health or accident insurance based on legal obligations. "

It follows from this: If the conditions of the law apply, then may Workers expect to be paid during this time.

And under what circumstances do you actually get free? in the Public service employees are free on the following occasions in accordance with the agreed collective agreement:

Birth of your own child
Death of spouse / partner, own child, mother or father
Relocation due to operational requirements / due to transfer to another city
many years of work (with 25th and 40th anniversary)
serious illness of your own child or a member of your family living in your own household

The special leave provisions for Federal officials and judges are in the Special Vacation Ordinance (SUrlV) recorded. The provisions here are formulated much more extensively than in the Civil Code.

Special leave in the event of death

Special leave in the event of death: If a father or mother dies, many employers grant one or two additional days off.

The employer usually has to release his employee, a close relative dies, z. B. there is special leave when the mother dies. In addition, the following applies: if he has to loseFather, spouse or own child getting along, he is often entitled to special leave to go to the funeral.

Days off in the event of death of course, never help to get over the loss of a loved one. However, leave entitlement in the event of death can still be helpful, and not only if special leave is taken when the mother dies.

Employment law provides for special leave, so that the person concerned can deal with all the organizational tasks and deal with the significant emotional burden. In such an exceptional situation the professional requirements often appear very distant. Some time to breathe deeply, process and mourn on special leave in the event of death are often worth their weight in gold

Many employers only grant extra vacation for relatives of the first degree. These include:

You often do not get special leave for the funeral of mother-in-law or grandparents.

How long you get vacation in the event of a death in the family is also determined by this, how long you have been in the company. Most bosses grant one Special leave in the event of death for a maximum of two days. If you have been an integral part of the team for a long time, it is quite possible that your employer will unite you in the event of death Special leave of up to two weeks granted.

There may be special leave when moving if the worker is transferred.

By the way: Fridays in the event of death you usually get it even if it is adopted children and not the biological ones.

If you do not see yourself in a position to carry out your work and your vacation days have already been used up in the event of death, a doctor may also be able to help. He may write you off sick.

Special vacation at wedding

If you decide to marry your partner, you also have that Right to request special leave from his employer. This often grants one for this additional day off. Sometimes there is even more if the employment contract or collective agreement so provides. Therefore, look at these points to see how long the expected exemption will last.

Special leave at birth

Special leave at birth? Expectant fathers often get free on the day of their birth.

And what about the approaching arrival of a new earthling? That the Mother does not appear at work, seems self-evident, anyway, the Maternity Protection Act stipulates that six weeks before and eight weeks after the birth, no gainful employment is allowed.

But also have Fathers are entitled to special leave, to support your partner in the birth process and listen to the offspring at the first cry? Many employers take this special situation into account give one more day off.

Nevertheless, in this case too specific design of the employment contract or collective agreement is decisive. If you and your boss have agreed that the provisions of § 616 BGB do not apply to your employment, the special leave is not included.

Special leave when moving

If there is a change of residence, then may be entitled to special leave. Among other things, the reason for this is decisive:

The special vacation: Free days help to organize a funeral or to coordinate the furniture packers.

Moving out of personal considerations: As a rule, no special leave is granted for this
Relocation from operational requirements (the employee is transferred to another location of the company): in this case, you usually get at least one day of vacation that goes beyond the legal requirements.

When is the exemption not paid??

Some families have to deal with hard blows of fate, which also includes a Child needs intensive care. The legislature takes this into account by including parents certain contingent assured on Fridays. However, these are then not paid.

For each child there can be one worker take ten days extra vacation per year. If there are several, the number is limited to a maximum of 25 days. Those who take care of raising a child alone will get twice as many days.

If a child is severely disabled or cannot be stopped by therapy, the employee is entitled to longer leave. No remuneration is paid for this either.

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67 thoughts on “Special leave in labor law – when do you get additional leave? "

I work in the public service in the Jerichower Land district in the veterinary office. Last Thursday I was in the HR department and wanted to apply for a special vacation day for the marriage on Saturday, February 11th, 2017. We work in the slaughterhouse from Monday to Saturday.
The two employees replied to me that this special vacation day no longer existed in the East Civil Service. This is in the collective agreement. Now I have tried to find out on the Internet. But so far I have read all the articles so that I have a wedding day with special leave for my own wedding.
Please answer me so that I can present this to my employer.
Sincerely
Kerstin S.

Hello Kerstin,
Collective agreements can specify or exclude the provisions of Section 616 of the German Civil Code. Check again in the collective agreement that applies to you, what is regulated there and what may have changed.
Your team from Arbeitsvertrag.org

my husband’s child (I am married twice) has a wedding.
Can I claim a day of special leave, or is this only for “own” children?

Hello Annerose,
In any case, you have a claim with your own children. This is rather unlikely for married children.
Your team from Arbeitsvertrag.org

My daughter got married, I wanted a day off. My employer informed me that there is no special leave when a child is married, which paragraph can I refer to?

Hello Romy,
unfortunately only an attorney can provide precise legal information.

Your team from Arbeitsvertrag.org

Hi there
My mother-in-law passed away. Now the funeral is approaching. Am I entitled to a special day off? It is not evident in my employment contract and the internet has not really brought me any further. Can you give me an answer? Thank you very much
With friendly greetings
Kerstin S.

Hello Kerstin,
As a rule, entitlement to special leave in the event of death only exists if it is a close family member, for example a first-degree kinship. In most cases, the approval of such special leave depends on how much understanding your employer has and how long you have been with the company. We would recommend that you speak to your employer directly.

Your team from Arbeitsvertrag.org

Hi there!
I have a question. For 12 years I have been on special leave after parental leave (for family reasons). Now my children are big enough and I would like to work part-time again. Until I was born, I worked full-time in public service. If there is no employment opportunity in the company, what options do I have? Will I be terminated or will I have to terminate myself?

Sincerely yours
Gabi H-S

First ask your company. In the worst case, you will have to find a new job.

Your team from Arbeitsvertrag.org

Hi there !
My 7 year old daughter’s grandpa passed away. I live alone with my daughter in a place 100km away from Grandpa’s place of residence. The child’s father lives elsewhere.
It is important for my daughter to say goodbye to her grandfather, but of course she can’t do 100 km alone at the age of 7.
Can I request special leave for the funeral? ?
It is obvious that you have to be accompanied there.

As a single parent, you could apply for a child to be unable to attend school in the event of a death because she is not yet emotionally capable of applying for special leave ?

you can always explain such a situation to your employer and ask for special leave. However, the legislature only guarantees special leave if the deceased is a first-degree relative.

However, you may also be able to rely on Section 616 of the German Civil Code (BGB), “Temporary Prevention”. In an emergency, contact an employment lawyer.

Your team from Arbeitsvertrag.org

Hi there,
my father met us last night. I need at least 2 weeks to be able to organize everything. In my contract there is nothing about “special leave”. Am I entitled to special leave at all? I am an employee (for 3 years) in a small company with 6-8 employees. What should I do and how should I do it?
Thank you
Please help me.

In principle, an employee is granted a right to special leave in accordance with Section 616 of the German Civil Code. However, whether and how long this is granted also depends on your employer. Therefore, speak to your employer to clarify the matter.

Your team from Arbeitsvertrag.org

Hi there,
my (biological) son died on April 28th 2017 is the funeral. I work in a health clinic on call, also on weekends (according to AV = 120 hours + additional services). The AG only approves 1 day of special leave, is that legally acceptable, or am I entitled to 2 days of SU?

Best wishes
Simone

You are legally entitled to special leave in accordance with Section 616 of the German Civil Code, but there is no information on how long it is. For this reason, you have to hope for the goodwill of your employer.

Your team from Arbeitsvertrag.org

what about parents’ golden wedding

Hello Thomas,
It is not clearly defined by law which circumstances justify entitlement to special leave and which do not. However, this is usually the case when a close relative dies or when a child is born. You should therefore discuss your parents’ golden wedding with your employer personally.

Your team from Arbeitsvertrag.org

Sister’s wedding. I am entitled to a tariff day??

As a rule, special leave is granted by many employers, even if it is the wedding of a close relative. A binding obligation under TVöD is, however, not regularly considered in this special case. It is often a matter of goodwill from the employer. Check the information in your collective agreement on the topic of special leave. Contact your employer with a request for special leave.

Your team from Arbeitsvertrag.org

It is always based on §616 BGB, which, however, makes no clear statement for me at all. Am I entitled to special leave for my own silver wedding? My children are entitled to special leave for this event?

Section 616 of the German Civil Code refers to loss of service through no fault of your own, for example due to death in the family, illness of a close relative, etc. There is generally no legal entitlement to special leave due to a wedding (whether your own or that of a close relative). Exceptions can be determined in the employment or collective agreement. It is usually a goodwill decision of the respective employer. Contact your employer with a request for special leave.

Your team from Arbeitsvertrag.org

My mother-in-law has died, usually I get at least 1 day of vacation or 2 days .
Nowhere is that really clearly shown.
We have been bought as a company and are not really part of the main company and not part of the collective agreement.
Where can I see what I’m entitled to
Thanks in advance

the entitlement to paid special leave is normally in accordance with section 616 of the Civil Code. However, your employer has the option of excluding this claim. You should therefore always pay attention to what is in your employment or collective agreement. You should ask your employer which one applies to you.

Your team from Arbeitsvertrag.org

My husband’s grandmother passed away and she lives abroad, I am entitled to special leave?
Thank you

in principle, you are entitled to special leave in accordance with § 616 BGB. To what extent and on what occasions this is approved depends on what your employer grants you. As a rule, special leave in the event of death is only approved for very close relatives such as your life partner, your own parents or a child. You should therefore contact your manager directly.

Your team from Arbeitsvertrag.org

Good day.
We have married. Now my mother-in-law’s employer wants our marriage certificate. Is he entitled to this? After all, there are the usual dates of birth, denominations and all names.
My mother-in-law had requested Sonderurlauv.
Thank you in advance.

It is common practice for an employer to request proof of marriage to grant special leave. This is one way to prevent abuse of this regulation.

Your team from Arbeitsvertrag.org

That may be, but he is not entitled to the marriage certificate (not even a copy).
The mother-in-law was a guest, where should you get the certificate if the couple does not want it?
Apart from that, §616 BGB does not mention an obligation to provide evidence. Of course, this can be regulated differently, but even then the impossible must not be demanded.

I will get married abroad soon.
Am I even entitled to special leave when I marry abroad??

Thank you in advance!

in principle, the right to special leave does not depend on where you are getting married. However, clarify whether special leave is planned in your company for the occasion.

Your team from Arbeitsvertrag.org

My father passed away. My employer granted me 3 days of special leave, however in the following week, when I was still on sick leave. Then I worked a week and then had a week off.
Now my employer has canceled the special leave for me again, with the statement that I was on sick leave and that you were only given a timely release for organizational matters and that a funeral would take place within 3-4 days.
I have to put up with it?

the special leave is earmarked in your case and must actually be given promptly. It is also a voluntary benefit from the employer. From a legal point of view, he therefore does not have to grant you any special leave.

Your team from Arbeitsvertrag.org

Hi there,
how about mine friend, is the father of my unborn child – we do not have a common residence, we are not married … does he get paid special leave for the birth of our child or does he have to take a day off if he wants to be there?
Mfg Corinna

unfortunately there is no legally guaranteed special leave. Your friend depends on the goodwill of the employer. He should inquire with the employer in advance.

Your team from Arbeitsvertrag.org

Hi there,
we are planning our wedding next year. I will probably be on parental leave at this point. So I am not entitled to special leave – or?

that’s right. The entitlement only exists if you actually work at the time.

Your team from Arbeitsvertrag.org

Is it true that there is a right to special leave for your own wedding, but the decision to do so
the employer meets? Or must he give me a day off at my own wedding?
I am not a salaried employee and there is nothing in my employment contract.

there is no legal entitlement to special leave. It is at the discretion of the employer whether or not it is granted to you.

Your team from Arbeitsvertrag.org

hellomeine name est wardhan i work 12 years in a rest, in january my mother has a khof attachment until one meme our family mus be with mother i work abroad from jets i have to take care of my mother i just go with my boss i go november vacation and 4 months free vacation, wegan my mother what can i do please write me an e positive answer. thanks wardhan

there is only a right to special leave to care for close relatives if the company has more than 15 employees. This leave must be submitted to the employer in writing up to ten days before it begins. There you should also specify how long the special vacation should be.

Your team from Arbeitsvertrag.org

Hi there. My mother died in February and in March was the funeral where vacation days were deducted from me. I got married in August this was during my vacation time. I have now quit my job and would like to know if I can have the 3 days paid out as a special vacation. With us nothing is anchored in the employment contract.

Hello Wachsmuth,
How to settle a case where special leave is justified depends on the agreements between employer and employee. An employment lawyer can give you more information about your employment.

Your team from Arbeitsvertrag.org

Hi there,
my partner’s father died. My employer doesn’t want to release me because of too much work, I still have enough vacation. Can he forbid me to attend the funeral??
Thanks Andrea

Hello Andrea,
an employer does not have to grant special leave. However, in the event of the death of close relatives, it is possible to enforce the claim in court. A lawyer can give you more detailed information about your opportunities.

Your team from Arbeitsvertrag.org

Hi there,
my mother (88) is seriously ill and I have to go Monday with the Take the ambulance with you. She is almost blind, COPD, etc.
Our collective agreement lacks the reason for special leave: “serious illnesses of close relatives” according to § 616 BGB. I don’t get a special vacation now, although it’s urgent ?

As a rule, there is a legal right to special leave for the care of relatives or in emergencies. However, there may not be a right to continued wages, depending on your employment relationship and e.g. also on the size of the company. If in doubt, contact an employment law attorney.

The team at Arbeitssvertrag.org

Hello, I have a 24h. Employment contract. I have been working for 35-40 hours for 5 years. I have asked for a new contract several times. But was always rejected, and public holidays are not paid! Is that all right??
I would appreciate a quick answer
Kind regards
Nora

if the employer demands this overtime often enough to make it a habit, it can be accompanied by a contract change that turns part-time workers into full-time employees.

Furthermore, employees have the right to continued payment of wages on public holidays, including part-time employees (Section 2 Paragraph 1 of the Law on Payment of Remuneration on Holidays and in the Event of Illness).

You can consider whether you want to contact an employment law attorney with your concerns.

Your team from Arbeitsvertrag.org

Hi there
What about my daughter’s first arrival? Maybe there is a claim?

Communion is unlikely to be granted special leave. In some employment and collective agreements there are precise regulations. So read again in your employment or collective agreement.

Your team from Arbeitsvertrag.org

Hi there,
my stepfather passed away and my employer said that I would not get special leave to go to the funeral. For real?!

a right to special leave can arise from Section 616 of the German Civil Code. However, since we are not allowed to offer legal advice ourselves, only a lawyer can tell you in a binding manner whether the stepfather’s funeral justifies special leave in accordance with Section 616 of the German Civil Code.

Your team from Arbeitsvertrag.org

my parents have a silver wedding and I applied for a day of special leave, which was refused on the following grounds:
"The application is rejected because nothing is regulated in the company agreements during the parents’ golden weddings."
Is the statement correct or does the BGB come into force if there is no information in the company agreements and I would therefore have to get a day of special leave approved?

as a rule, it is permitted by law that you can apply for special leave for your parents’ silver wedding. You can contact an employment lawyer who can help you enforce your rights.

Your team from Arbeitsvertrag.org

my sister passed away, I asked my boss about paid leave, he said no.
Can I refer to §616 of the German Civil Code or can my boss rule it out?
Funeral service is a good 400km away from where I live.

Unfortunately, there may be companies that do not authorize special leave in the event of the death of a sibling. This also depends on how many days of special leave you apply for. You can discuss this with your boss again, or alternatively apply for regular vacation or unpaid leave.

Your team from Arbeitsvertrag.org

My daughter married on 22.09.2018 after 3 weeks I am still entitled to the day off lg

The special leave is only for certain occasions and cannot be transferred to other days.

Your team from Arbeitsvertrag.org

my husband is in january 2018 No one in the company could tell me how many days of special leave I am entitled to. My works council was initially unable to tell me anything my company has only approved me for 2 days. why is it nowhere clear how many days the person concerned is entitled to. i have been with the company for 16 years.

two days are actually usual. Depending on the length of the employment relationship and goodwill of the employer, more days could be granted. This is often specified in employment or collective agreements.

Your team from Arbeitsvertrag.org

My contract states that I have two days off when I move. Last Tuesday (previously it was not possible) I requested an exemption for March 11th and 12th. Today, on the 11th, I get the promise that I can take time off today, but not tomorrow. Do I have a legal claim to it or not? The AK has explained to me that, firstly, I am entitled to this, but secondly, I risk dismissal if I assert this claim. There is a uniform regulation?
I ask for clarification. Thank you very much!

My brother recently died, what about special leave??

There is often no entitlement to special leave in such a case, but you can still ask your company for it. It can decide whether it grants you special leave.

Your team from Arbeitsvertrag.org

Thank you, I will ask. Back when my other brother died I got special leave but I worked in another company

Recently there was an apartment fire in the apartment building where I live and my apartment is currently not available, there is special leave in the case and if so for how long approx. ?

Thank you in advance

there is no legal entitlement to special leave in such a case. However, the company is empowered to make its own decisions, so you could at least ask your employee.