Bundesurlaubsgesetz Minimum Leave

The Bundesurlaubsgesetz (Federal Holiday Act) establishes Germany’s minimum annual leave entitlement of 24 working days per calendar year for a six-day work week, or 20 days for a five-day work week.

Key Takeaways

• Minimum 20 days annual leave for a 5-day work week
• 24 days for a 6-day work week (proportionate for fewer days)
• Entitlement arises after 6 months of employment (Wartezeit)
• Unused leave generally expires on March 31 of the following year
• Collective agreements may provide enhanced entitlements

What Is the Bundesurlaubsgesetz?

The Bundesurlaubsgesetz (BUrlG) is Germany’s Federal Holiday Act, enacted in 1963. It establishes the statutory minimum annual leave entitlement for all employees in Germany, regardless of industry, company size, or employment type.

Key Provisions

Minimum Entitlement

• Section 1: Every employee is entitled to paid annual leave
• Section 3: Minimum of 24 working days per calendar year
• Adjusted for work week: 20 days for 5-day week, 12 days for 3-day week
• Proportionate: Calculated based on working days per week

Qualification Period (Wartezeit)

• Section 4: 6-month qualifying period before full entitlement
• First year: Pro-rata entitlement during qualifying period
• 1/12 per month worked in the first year
• Full entitlement from the second year onwards

Carryover and Expiry

• Section 7: Leave must be taken in the current calendar year
• Section 7(3): Unused leave expires on March 31 of the following year
• Exceptions: Illness, pregnancy, or operational reasons
• European Court of Justice: Required to ensure actual taking of leave

Sickness During Leave

• Section 9: Days of sickness do not count as annual leave
• Medical certificate required after 3 days
• Re-scheduling of affected leave days

Employer Obligations

Documenting Leave

• Leave records must be maintained
• Leave certificates provided to employees
• Calendar year tracking required
• Carryover documentation when applicable

Encouraging Leave Taking

• Employers must ensure employees take minimum leave
• Risk of liability if employees don’t take leave
• Active measures to encourage leave scheduling
• Deadline reminders during the year

Collective Agreement Considerations

• Tarifvertrag may provide enhanced entitlements
• Betriebsvereinbarung (works agreement) variations
• Industry-specific rules may apply
• Cannot fall below statutory minimum

Compliance Checklist

• Minimum 20 days leave provided (5-day week)
• Pro-rata calculation for part-time workers
• 6-month qualifying period applied
• Leave records maintained
• Carryover deadline March 31 communicated
• Sickness during leave handled correctly
• Collective agreements reviewed
• Employee leave certificates provided