Free calculator: Use the German-language Urlaubsrechner to estimate the statutory minimum for a one-to-six-day working week.

German annual leave is governed by the Bundesurlaubsgesetz (BUrlG), which sets a statutory minimum equivalent to 20 days per year for a five-day working week. Section 3 BUrlG expresses the minimum as 24 Werktage for a six-day week. Employment contracts, collective agreements (Tarifverträge), and works agreements (Betriebsvereinbarungen) can provide a more generous entitlement and may separately regulate the additional days.

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.
  • Contracts and collective or works agreements can grant more than the statutory minimum; check the instrument that actually applies.
  • Sundays and statutory public holidays are not BUrlG Werktage, so a public holiday on a normal working day does not consume annual leave.
  • Statutory carry-over and expiry depend on Section 7 BUrlG and, in general, on the employer having given a concrete invitation and timely expiry warning.
  • Part-time employees receive the same four statutory leave weeks; the number of leave days follows their regular working days per week.

The statutory minimum

Section 1 BUrlG creates the annual right to paid recreational leave. Section 3 BUrlG sets the minimum duration at 24 Werktage and excludes Sundays and statutory public holidays from that definition.

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 commonly quoted 20-day minimum is the five-day-week equivalent of the statutory 24-day six-day-week baseline. Employees who normally work fewer days receive a proportional number of leave days while retaining the same minimum number of weeks away from work.

Collective agreements

Many German employees receive more than the statutory minimum through a Tarifvertrag, Betriebsvereinbarung, or employment contract. The employer should use the entitlement in the instrument that actually applies rather than a generic sector estimate. Those instruments can treat the additional leave differently from statutory leave, but they cannot reduce the protected statutory minimum.

How annual leave is calculated

Section 3 BUrlG provides the six-day-week baseline used in the following conversion:

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

Under Section 3(2) BUrlG, Sundays and statutory public holidays are not Werktage. If a public holiday falls on a day the employee would normally work, that day does not consume annual leave.

Example:

  • An employee normally works Monday to Friday.
  • They request a week off in which Monday is a statutory public holiday at their place of work.
  • Only Tuesday to Friday consume annual leave, so four leave days cover the five-day break.

Section 2 EntgFG, not Section 2 BUrlG, generally governs pay for working time lost because of a statutory public holiday. Section 2(3) excludes employees who are absent without excuse on the last working day before or first working day after it. The applicable public-holiday calendar is mainly determined by state law and the employee’s place of work.

Carry-over and expiry

Section 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)
  • Statutory transfer: Section 7(3) permits transfer only where urgent operational reasons or reasons personal to the employee justify it
  • Use after transfer: Transferred leave must generally be granted and taken in the first three months of the following year
  • Expiry safeguard: Statutory leave generally expires only if the employer previously identified the concrete entitlement, invited the employee to take it, and clearly warned about the deadline

The Federal Labour Court, applying CJEU case law, requires employers to put employees in a position to take statutory leave through a concrete invitation and clear, timely expiry notice. Long-term sickness and clearly separated contractual or collectively agreed additional leave require separate analysis.

Part-time employees

Part-time employees receive the same four statutory leave weeks as full-time employees. The number of leave days follows the employee’s normal working days per 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 days per week, not to salary or daily hours. An employee who normally works 3 days per week is entitled to 12 statutory leave days, equivalent to four weeks away from work.

New employees

Section 4 BUrlG provides that the full statutory entitlement is first acquired after six months of employment. Section 5(1) BUrlG grants one-twelfth for each full month only in listed partial-leave cases:

  • The employee cannot complete the six-month waiting period in that calendar year.
  • The employee leaves before completing the waiting period.
  • The employee leaves after completing the waiting period but during the first half of the calendar year.

Example:

  • An employee starts on 1 May and remains employed after 1 November.
  • On completing the six-month waiting period, the employee acquires the full statutory entitlement for that calendar year, subject to leave already granted.
  • A separate pro-rata clause may apply to additional contractual leave if it validly distinguishes those days from statutory leave.

For partial leave under Section 5, fractions of at least half a day must be rounded up. A fraction below half a day is not automatically rounded down or forfeited; the Federal Labour Court confirms that it remains a fractional entitlement unless a valid different rule applies.

Employer obligations

Five core duties apply to German annual leave management:

  1. Grant the statutory minimum — at least 20 days per year for a five-day week, regardless of the employee’s wish to defer
  2. Apply the correct entitlement — check the collective agreement, employment contract, and BUrlG to determine the actual number of days
  3. Process carry-over correctly — distinguish the Section 7 transfer rules from the employer’s invitation and warning obligations
  4. Enable informed leave-taking — tell each employee their concrete entitlement, invite them to use it, and explain the deadline
  5. 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 applicable collective agreement, works agreement, or employment contract may grant more than the statutory minimum. Granting only 20 days for a five-day week when the applicable instrument grants more fails to provide the employee’s full entitlement.

2. Allowing indefinite carry-over

Do not assume leave disappears automatically on 31 March. Verify the reason for transfer and whether the employer gave the required concrete invitation and expiry warning. Apply any distinct rules for additional contractual or collectively agreed leave separately.

3. Not enabling leave-taking

Employers must concretely inform employees of their entitlement, invite timely leave-taking, clearly warn of expiry, and genuinely enable them to take leave. Systematic prevention of leave-taking is incompatible with that duty.

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

Do not prorate every employee’s first calendar year. An employee who completes the six-month waiting period in that year acquires the full statutory entitlement; one-twelfth calculations apply only in the Section 5 cases.

For more German context, see our guide to German public holiday rights and German urlaubsgeld (holiday allowance).

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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. Check any applicable collective agreement, works agreement, or employment contract for additional entitlement.

Do public holidays count as annual leave in Germany?

No. Sundays and statutory public holidays are excluded from BUrlG Werktage. A public holiday on a day the employee would normally work does not consume annual leave.

Can unused leave be carried over to the next year?

Section 7(3) permits transfer for urgent operational reasons or reasons personal to the employee and generally requires transferred leave to be used by 31 March. Statutory leave does not normally expire unless the employer also gave the required concrete invitation and warning; sickness can change the analysis.

How is leave calculated for part-time employees?

Part-time employees receive the same four statutory leave weeks, with the number of leave days based on their regular working days. An employee working 3 days per week is entitled to 12 statutory leave days (3/6 × 24).

Can an employer force me to take leave?

The employer cannot disregard the employee’s wishes. Under Section 7(1) BUrlG, requested dates must be considered unless urgent operational needs or socially prioritised requests from other employees conflict. Employer-set leave, including Betriebsferien, requires a valid basis and a fact-specific assessment.

Sources

Last updated: 24 August 2026. This article is general guidance, not legal advice. Annual leave entitlements can vary under an applicable Tarifvertrag, Betriebsvereinbarung, or employment contract; obtain German employment-law advice for a specific case.