German annual leave is governed by the Bundesurlaubsgesetz (BUrlG), which sets a statutory minimum of 20 days per year for a five-day working week — but most employees receive significantly more through collective agreements or employment contracts. The standard entitlement under §3 BUrlG is 20 working days for a five-day week (24 days for a six-day week). This is the floor, not the ceiling — the average actual entitlement in Germany is 28–30 days, driven by collective agreements.
This guide covers the statutory minimum, how entitlement is calculated, public holiday interaction, the carry-over and expiry rules, and the pro-rata rules for part-time and new employees.
Key takeaways
- The statutory minimum is 20 days per year for a five-day working week under §3 BUrlG.
- Most collective agreements grant 28–30 days — the statutory minimum is rarely the actual entitlement.
- Public holidays count as working days for annual leave calculation purposes — they reduce the leave needed but do not reduce the entitlement.
- Employees can carry over unused leave for up to 3 months into the next year — leave not taken by 31 March expires unless there is a valid reason for the delay.
- Part-time employees receive the same number of days as full-time employees for the days they would normally work.
The statutory minimum
§3 BUrlG is the operative text:
“Jeder Arbeitnehmer hat in jedem Kalenderjahr Anspruch auf bezahlten Erholungsurlaub, der mindestens 24 Arbeitstage beträgt.”
The statutory minimum is:
| Working week | Minimum annual leave |
|---|---|
| 6-day week | 24 days |
| 5-day week | 20 days |
| 4-day week | 16 days (calculated pro rata) |
| 3-day week | 12 days (calculated pro rata) |
The 20-day minimum is based on a five-day week. For employees who work fewer days per week, the entitlement is calculated proportionally. For employees who work more than five days, the entitlement increases to 24 days.
Collective agreements
The statutory minimum is rarely the actual entitlement in practice. Most German collective agreements grant significantly more annual leave:
| Collective agreement | Annual leave |
|---|---|
| TVöD (public service municipal) | 26–30 days (depending on age and tenure) |
| TV-L (public service federal/state) | 26–30 days (depending on age and tenure) |
| IG Metall | 28–30 days |
| Chemical industry | 30 days |
| Retail (Einzelhandel) | 26–28 days |
| Bau-Industrie (construction) | 24–28 days |
The collective agreement overrides the statutory minimum where it is more favourable to the employee. The employer cannot reduce the collective agreement entitlement below the statutory floor.
How annual leave is calculated
§3 BUrlG calculates leave as follows:
Annual leave = (Days worked per week / 6) × 24 days
For a five-day week: (5/6) × 24 = 20 days For a four-day week: (4/6) × 24 = 16 days For a three-day week: (3/6) × 24 = 12 days
The calculation uses the employee’s normal working week, not the calendar week. If an employee normally works four days per week, their entitlement is 16 days, regardless of whether they occasionally work overtime on a fifth day.
Public holidays and annual leave
Public holidays (gesetzliche Feiertage) are counted as working days for annual leave purposes. They do not reduce the employee’s annual leave entitlement — they reduce the number of leave days needed to achieve a continuous break.
Example:
- Employee has 20 days of annual leave and works a 5-day week
- There are 9 public holidays in the employee’s state during the year
- The employee needs 20 days of leave to cover 20 weeks of absence (20 days ÷ 5 days/week = 4 weeks), but the 9 public holidays within those weeks extend the break
The practical effect is that public holidays extend the employee’s holiday without consuming leave days. The employer does not need to add extra leave days to account for public holidays — the 20-day entitlement already accounts for them through the calculation method.
Carry-over and expiry
§7 BUrlG governs the carry-over and expiry of annual leave:
- Carry-over period: Unused leave can be carried over into the first three months of the next calendar year (i.e. until 31 March)
- Expiry: Leave not taken by 31 March expires — the employer is not obligated to grant it
- Exception: If the employee could not take leave due to operational reasons (dringende betriebliche Gründe) or personal reasons (e.g. illness), the carry-over period extends
The European Court of Justice (CJEU) ruling in Schultz-Hoff v. Deutsche Rentenversicherung requires employers to ensure employees have a genuine opportunity to take leave. Employers who systematically prevent leave-taking and then rely on the expiry rule may face claims.
Part-time employees
Part-time employees receive the same number of leave days as full-time employees for the days they work. The calculation under §3 BUrlG uses the employee’s normal working week:
- Part-time employee working 3 days/week: (3/6) × 24 = 12 days
- Part-time employee working 4 days/week: (4/6) × 24 = 16 days
The entitlement is proportional to the working week, not to the salary or hours worked. A part-time employee working 3 days per week is entitled to 12 days of annual leave — the same as a full-time employee working 3 days per week.
New employees
§4 BUrlG governs the entitlement for new employees:
- Employees in their first year of employment receive 1/12 of the annual entitlement for each completed month of employment
- The entitlement begins on 1 January of the following year — the first-year pro-rata entitlement is a separate entitlement that does not carry over
Example:
- Employee starts on 1 May with a 20-day annual entitlement
- First-year entitlement: 8 months × (20/12) = 13.33 days (rounded to 13 days under §4 BUrlG)
- From 1 January of the following year: full 20-day entitlement
Employer obligations
Five core duties apply to German annual leave management:
- Grant the statutory minimum — at least 20 days per year for a five-day week, regardless of the employee’s wish to defer
- Apply the correct entitlement — check the collective agreement, employment contract, and BUrlG to determine the actual number of days
- Process carry-over correctly — allow carry-over until 31 March and apply the expiry rule correctly
- Encourage leave-taking — the CJEU requires employers to ensure employees take their leave
- Record leave accurately — track leave days taken, carried over, and expired in the leave management system
Common pitfalls
1. Granting only 20 days when the collective agreement requires more
The statutory minimum is 20 days, but most collective agreements grant 28–30 days. Granting only 20 days when a collective agreement applies is a breach.
2. Allowing indefinite carry-over
Leave not taken by 31 March expires unless there is a valid reason for the delay. Allowing indefinite carry-over creates an unrecoverable liability.
3. Not granting leave at all
The CJEU requires employers to ensure employees take leave. Systematic prevention of leave-taking — even with carry-over — is a breach of the Working Time Directive.
4. Reducing leave for public holidays
Public holidays do not reduce the annual leave entitlement. They reduce the number of leave days needed to achieve a continuous break.
5. Incorrect pro-rata calculation for new employees
New employees receive 1/12 of the annual entitlement per completed month in their first year. The calculation must use the employee’s normal working week, not a six-day week.
For more German context, see our guide to German public holiday rights and German urlaubsgeld (holiday allowance).
A leave management system that calculates the correct entitlement per employee, tracks carry-over deadlines, and ensures the collective agreement is applied keeps German annual leave compliance straightforward.
Frequently asked questions
How many days of annual leave am I entitled to in Germany?
The statutory minimum is 20 days per year for a five-day working week under §3 BUrlG. Most collective agreements grant 28–30 days. Check your collective agreement or employment contract for the actual entitlement.
Do public holidays count as annual leave in Germany?
No. Public holidays are counted as working days for annual leave purposes — they reduce the number of leave days needed but do not reduce the entitlement.
Can unused leave be carried over to the next year?
Yes, but only until 31 March of the following year. Leave not taken by 31 March expires unless there is a valid reason for the delay (e.g. illness, operational reasons).
How is leave calculated for part-time employees?
Part-time employees receive the same number of leave days as full-time employees for the days they work. A part-time employee working 3 days per week is entitled to 12 days (calculated as 3/6 × 24).
Can an employer force me to take leave?
Yes. The employer can schedule leave and require the employee to take it, subject to the employee’s right to choose the timing under §7 BUrlG. The employer must grant leave at a time requested by the employee unless operational reasons require a different time.
Sources
- Bundesurlaubsgesetz (BUrlG)
- CJEU — Schultz-Hoff v. Deutsche Rentenversicherung
- Bundesministerium für Arbeit und Soziales
Last updated: 26 July 2026. This article is general guidance, not legal advice. Annual leave entitlements vary by collective agreement — confirm current terms with the applicable Tarifvertrag.