In Germany, the Federal Leave Act (Bundesurlaubsgesetz, BUrlG) guarantees every employee at least 24 working days of paid annual leave per calendar year, calculated on the basis of a six-day working week. Most employees receive more under collective agreements or individual contracts, with 25–30 days being typical for a five-day week.

Statutory entitlement

24 working days per year on a six-day week (equivalent to 20 working days on a five-day week). Severely disabled employees are entitled to an additional five days.

Eligibility

Full entitlement after six months of continuous employment (Wartezeit). Pro-rated entitlement applies during the first six months and on termination.

Employer obligations

  • Grant at least 24 working days (six-day week basis) of paid leave per calendar year.
  • Pay leave at the average earnings of the 13 weeks before the leave starts, including regular bonuses and overtime allowances.
  • Actively inform employees in writing about their remaining leave and the risk of forfeiture (per BAG and ECJ case law).
  • Pay out untaken leave on termination of employment (Urlaubsabgeltung).
  • Grant five additional days to employees recognised as severely disabled (schwerbehindert) under SGB IX.

Employee rights

  • Right to request continuous leave unless overriding business reasons require splitting it.
  • Right to carry over leave to the first quarter of the following year if it could not be taken for operational or personal reasons.
  • Right to recover leave that coincided with certified illness during the leave period.
  • Right to be informed by the employer about remaining leave entitlement before it expires.

Common pitfalls

  • Assuming leave automatically expires on 31 December — under post-2019 ECJ case law, leave only expires if the employer has actively informed the employee of the risk.
  • Calculating the statutory minimum on a five-day-week basis without converting (24 working days on a six-day week = 20 days on a five-day week).
  • Failing to grant the additional five days to employees with recognised severe disability status.
  • Excluding regular overtime, on-call premia, or commission from holiday pay (Urlaubsentgelt).

How the 24 working days are calculated

The BUrlG defines a working day as Monday to Saturday. A 24-day entitlement therefore equals four full weeks. For a five-day-week employee, this converts to 20 working days. Most German employers provide 25–30 days under collective bargaining agreements (Tarifverträge) or individual contracts.

Carry-over and expiry rules

Statutory leave must generally be taken within the calendar year. It may be carried into the first three months of the following year (until 31 March) where personal or operational reasons prevented it being taken. Following ECJ rulings (C-684/16 and others), unused leave only expires where the employer has actively notified the employee of the remaining balance and the risk of forfeiture.

Holiday pay calculation

Urlaubsentgelt is calculated on the average earnings of the 13 weeks preceding the leave period, excluding overtime that is not part of regular working hours. Regular shift, on-call, and night premia are included.

Frequently asked questions

How many days of annual leave am I entitled to in Germany?

The statutory minimum is 24 working days on a six-day week, equivalent to 20 days on a five-day week. Most German employers offer 25–30 days through collective agreements or contract.

Does annual leave expire at the end of the year in Germany?

Statutory leave nominally expires on 31 December but, since recent ECJ case law, only if the employer has actively informed you of the remaining balance and the risk of expiry.

When am I entitled to my full annual leave in Germany?

Full entitlement is acquired after six months of continuous service. During the first six months, leave is granted pro-rata at one twelfth of the annual entitlement per completed month.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.