German compassionate leave (Sonderurlaub) is paid leave granted to employees for urgent personal or family reasons — there is no general statutory right to Sonderurlaub under the Bundesurlaubsgesetz, but most collective agreements and many employment contracts provide it for specific events such as bereavement, a child’s serious illness, or a child’s school enrollment. The scope, duration, and payment rules depend entirely on the applicable collective agreement or employment contract.

This guide covers the most common Sonderurlaub entitlements, the collective agreements that grant them, the distinction between paid and unpaid compassionate leave, and the practical steps for managing requests.

Key takeaways

  • No general statutory right — Sonderurlaub is not mandated by the BUrlG; it comes from collective agreements, employment contracts, or company policy.
  • Most collective agreements grant 1–5 days of paid Sonderurlaub for bereavement (death of a close family member) and 1–3 days for other family emergencies.
  • The TVöD, TV-L, and most IG Metall agreements include Sonderurlaub provisions — the specific days depend on the relationship to the deceased or the nature of the emergency.
  • Employers must pay full salary during Sonderurlaub where the collective agreement or contract provides it.
  • The employee must notify the employer promptly and provide documentation (e.g. death certificate, medical certificate) where reasonably required.

Who is covered?

Sonderurlaub is available to:

  • Employees covered by a collective agreement — the most common source of entitlement
  • Employees with an employment contract that references a collective agreement or grants Sonderurlaub independently
  • All employees where the employer has established a company practice (Betriebliche Übung) of granting Sonderurlaub

If none of these apply, the employee has no statutory right to paid compassionate leave — they would need to use annual leave or apply for unpaid leave.

Common Sonderurlaub events and durations

The following table summarises the most common Sonderurlaub entitlements under major German collective agreements:

Event TVöD (public service) TV-L (public service) IG Metall Typical private sector
Death of spouse / partner 3 days 3 days 3 days 1–3 days
Death of child 3 days 3 days 3 days 2–3 days
Death of parent / parent-in-law 1–3 days 1–3 days 2 days 1–2 days
Death of sibling / grandparent 1–2 days 1–2 days 1 day 1 day
Child’s serious illness Up to 5 days Up to 5 days Up to 5 days 1–5 days
Child’s school enrollment (Einschulung) 1 day 1 day 1 day 1 day
Child’s wedding 1 day 1 day 1 day 1 day
House fire / natural disaster 1–3 days 1–3 days 2 days 1–3 days
Move (Umzug) for compelling reasons 1 day 1 day 1 day 1 day

The durations above are representative — the actual entitlement depends on the specific version of the applicable Tarifvertrag.

Sonderurlaub can be either paid or unpaid, depending on the source of the entitlement:

Source Paid? Notes
Collective agreement (TVöD, TV-L, IG Metall, etc.) Yes — full salary Most common source of paid Sonderurlaub
Employment contract Depends on the contract Must specify whether the leave is paid
Company practice (Betriebliche Übung) Yes — if practice has been consistent Can become binding after 3+ years
Statutory right No general statutory right BUrlG does not mandate Sonderurlaub
Unpaid leave (Freistellung ohne Vergütung) No Employee can request; employer can grant

When the collective agreement provides paid Sonderurlaub, the employer must pay full salary during the leave period. The employer cannot require the employee to use annual leave instead.

The Betriebliche Übung doctrine

Under German law, if an employer has consistently granted paid Sonderurlaub for specific events over three or more consecutive years without reserving the right to discontinue the practice, the payment may have become a binding obligation under the doctrine of Betriebliche Übung.

The Federal Labour Court (Bundesarbeitsgericht) has consistently held that a consistent, repeated practice creates a binding promise. The employer cannot unilaterally withdraw from the practice without the employee’s consent or a collective agreement change.

This means employers must be careful: casual payments that become habitual can create permanent obligations.

Practical employer obligations

Six steps cover most Sonderurlaub compliance requirements:

  1. Check the applicable collective agreement — identify which Tarifvertrag applies and what events are covered
  2. Review the employment contract — confirm whether the contract grants Sonderurlaub independently
  3. Apply the correct duration — use the collective agreement’s specific day entitlement for the event
  4. Pay full salary during the leave — where the collective agreement or contract requires it
  5. Request reasonable documentation — a death certificate for bereavement, a medical certificate for a child’s illness
  6. Record the absence — track Sonderurlaub separately from annual leave in the leave management system

Common pitfalls

1. Confusing Sonderurlaub with annual leave

Sonderurlaub is a separate entitlement from annual leave (Erholungsurlaub). An employer cannot deduct Sonderurlaub days from the employee’s annual leave balance — they are independent leave types.

2. Requiring annual leave instead of Sonderurlaub

Where a collective agreement grants paid Sonderurlaub, the employer cannot require the employee to use annual leave days instead. The employee has a right to the specific Sonderurlaub entitlement.

3. Not paying during Sonderurlaub

Where the collective agreement provides for paid Sonderurlaub, failing to pay is a wage breach. The employee can claim the unpaid amount through a labour court.

4. Missing the Betriebliche Übung trap

Employers who grant unpaid Sonderurlaub consistently for the same events may inadvertently create a paid obligation. Once the practice becomes habitual, it is binding.

5. Being too strict with documentation

Requiring excessive documentation (e.g. not accepting a death notification without a death certificate) can be unreasonable in the immediate aftermath of a bereavement. Most collective agreements allow reasonable flexibility.

For more German context, see our guide to German annual leave entitlements and German sick pay (Entgeltfortzahlung).

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that distinguishes Sonderurlaub from annual leave, tracks the correct day entitlements per collective agreement, and records the event reason keeps your compassionate leave process compliant and empathetic.

Frequently asked questions

There is no general statutory right to paid compassionate leave under the Bundesurlaubsgesetz. However, most collective agreements and many employment contracts grant paid Sonderurlaub for specific events such as bereavement, a child’s serious illness, or a child’s school enrollment.

How many days of Sonderurlaub am I entitled to?

The entitlement depends on the applicable collective agreement. Common durations are 1–5 days for bereavement (depending on the relationship) and 1–3 days for other family emergencies.

Is Sonderurlaub paid?

Where the collective agreement or employment contract provides for paid Sonderurlaub, the employee receives full salary during the leave. Unpaid Sonderurlaub is also possible if the employer agrees.

Can my employer refuse Sonderurlaub?

If the collective agreement grants Sonderurlaub for a specific event, the employer cannot refuse it. For events not covered by the collective agreement, the employer has discretion to grant or refuse leave.

Can I use Sonderurlaub for my own illness?

No. Sonderurlaub is for family emergencies and personal hardship events, not for the employee’s own illness. For personal illness, the employee is entitled to Entgeltfortzahlung (sick pay) under §3 EntGFG.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Sonderurlaub entitlements vary by collective agreement — confirm current terms with the applicable Tarifvertrag.