Leave Policy in Germany

Adoption Leave in Germany

• Adoption leave in Germany is not specified under any particular legislation or act. Therefore, regardless of whether they are biological or adoptive parents, employees are entitled to the same amount of parental leave. 

• Employees who adopt or foster children are eligible for up to three years of parental leave, valid until the child is eight. 

Earned Leave in Germany

Under the Federal Vacation Act that governs earned leave in Germany, you must provide your staff with at least 24 days of earned leave each year. Nevertheless, this figure could change based on their employment contract, including length of service and the number of days worked per week. You can also offer compensatory leave to employees who work overtime or on a public holiday.

Further, you may allow unused leave (up to six days) to continue only until the end of March of the following year. 

Maternity Leave in Germany

You must extend maternity leave to your employees according to the rules established by the Maternity Protection Act (MPA), which regulates maternity leave in Germany. 

Leave policy in Germany offers financial support and job security for expectant mothers, promoting a smooth transition to parenthood: 

• The maternity allowance will be divided between you and the health insurance fund, similar to many maternity policies around the world.
• You may increase the difference if the government benefit falls below the employee's average net monthly income.
• Furthermore, you can terminate employment during the Statutory Maternity Protection (SMP) between 12 weeks before and eight weeks after childbirth.

Parental Leave in Germany

Parental leave in Germany is a right that does not require prior employer permission for children under three.

The law empowers parents with flexible leave options and financial support, facilitating a smooth transition to parenthood by including: 

• Permission is required for children between three and eight.
• You may ask eligible parents to work part-time (up to 30 hours per week) while on leave.
• You may facilitate ‘Elterngeld’ (parent money) to compensate for lost income based on pre-leave earnings.

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Paternity Leave in Germany

• You may grant up to two weeks of paid paternity leave in Germany. 

• You must ensure that the pay during paternity leave is not lower than 67% of the employee's previous salary.

Public Holidays in Germany

There are nine public holidays in Germany, including three movable holidays and five holidays with flexible dates: 

Sick Leave Policy in Germany

Sick leave in Germany is governed by the Continued Remuneration Act (Entgeltfortzahlungsgesetz), which lays down the following regulations:

• You may ask employees to prove their illness and estimate the duration of sick leave with a doctor’s certificate. 
• Further, the statutory sick pay from the government starts after six weeks at 70% of an employee's normal salary but never less than 90% of the net salary.

Casual Leave In Germany

• There is no guaranteed right to casual leave in Germany under the national labor law.
• However, you may grant unpaid leave at your discretion or according to certain collective bargaining agreements. 

Unpaid Leave in Germany

You may grant unpaid leave to an employee under certain conditions before initiating termination proceedings: 

• If an employee needs to care for a close relative in an emergency, you may grant them a 10-day unpaid leave.

• If your company has over 15 employees, an employee can request up to six months off or part-time work. However, you can decline the request if you have less than 15 employees.

• If your company has more than 25 employees, an employee can request up to 24 months of reduced working time up to 15 hours per week. 

Other Leaves

You may allow employees with at least one year of employment in Germany to take leave for particular personal reasons, referred to as "Sonderurlaub." 

This unpaid leave allows them to attend to important matters like mourning and funeral, caring for sick children, sabbatical leave, or volunteering. In some instances, special leave might be paid.

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FAQs

Q1. What are the leave rules in Germany?

A1. The leave rules in Germany provide precise guidelines for employers to promote a fair and efficient working environment. It prescribes a minimum of 20 paid vacation days per year, along with paid sick leave for up to six weeks. For new parents, Germany offers 14 weeks of maternity leave and up to three years of parental leave as a right. Special leaves are also prescribed.

Q2. How many leave days per year in Germany?

A2. If an employee works for five days a week, they are entitled to 20 days off. If they work six days, they will get 24 days off.

Q3. How many holidays does Germany have a year?

A3. Germany has nine public holidays, including five set holidays and four with flexible dates.

Q4. What is the sick leave policy in Germany?

A4. In Germany, Employees who have worked for at least four weeks are entitled to six weeks of statutory sick pay. For the first six weeks, employees receive their entire salary, after which their health insurance covers sick pay.