Leave Entitlement: Minimum Leave, Carry-Over and Payment in Lieu
Every employee is entitled to paid minimum leave. Remaining leave does not lapse automatically – and upon termination of the employment relationship it must be paid out.
How much leave are you entitled to? (§ 3 BUrlG)
The statutory minimum leave is 24 working days per year – based on a six-day week. For a five-day week, this corresponds to 20 working days. Many contracts or collective agreements grant more; they may not provide for less than the statutory minimum leave.
Qualifying period and pro-rata leave
You acquire the full leave entitlement for the first time after six months of employment (§ 4 BUrlG). Before that, and when leaving during the first half of the year, you have a pro-rata entitlement (pro-rata leave).
Carry-over and forfeiture (§ 7 BUrlG)
Leave should be taken within the current calendar year. Carry-over into the following year is only provided for in cases of urgent operational or personal reasons, and then usually until 31 March. Importantly: according to case law, leave only lapses if the employer informed you in good time of the impending forfeiture.
Payment in lieu of leave upon termination
If remaining leave can no longer be taken because of the termination of the employment relationship, it must be paid out (§ 7 (4) BUrlG). Untaken leave is therefore not lost to you without compensation.
How to check your leave entitlement
Check: Does the contract provide for at least the statutory minimum leave? Are there permissible forfeiture provisions? Was remaining leave paid out upon termination? An automated contract review detects any shortfall below the minimum leave.
Relevant law
Frequently asked questions
24 working days for a six-day week, which corresponds to 20 working days for a five-day week (§ 3 BUrlG). The contract may not provide for less.
Not automatically. According to case law, leave only lapses if the employer informed you in good time and explicitly of the impending forfeiture.
Yes. If leave can no longer be taken because of the termination, it must be paid in lieu (§ 7 (4) BUrlG).
For the first time after six months of employment (§ 4 BUrlG). Before that, there is a pro-rata leave entitlement.
Not the statutory minimum leave. Additional leave granted by contract may, under certain circumstances, follow different rules.
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General legal information based on your contract — not individual legal advice.