Dr. Till Bender, attorney at DGB Rechtsschutz GmbH
When do I need to request vacation time?
There are no legal regulations regarding this. Since the employer still has to approve the vacation, it naturally makes sense to request it as early as possible to ensure a certain degree of planning certainty. However, notification deadlines may also be specified in an employment contract, a company agreement, or a collective bargaining agreement.
Can the employer deny the vacation request?
In principle, the employer is required to grant the requested vacation. However, the employer may deny the vacation if urgent operational needs (such as a sudden surge in workload) or vacation requests from other employees that deserve priority for social reasons (such as employees with large families and several school-age children who can only take vacation during school breaks) conflict with the request.
By when must the vacation be taken?
Vacation must generally be taken during the calendar year in which the vacation entitlement arises. Carrying over vacation to the next calendar year is permitted only if urgent operational reasons or reasons specific to the employee justify it. If vacation is carried over, it must be taken within the first three months of the following year. Of course, exceptions may apply here as well if the employment contract, a company agreement, or a collective bargaining agreement provides otherwise.
What happens if I get sick while on vacation?
This does not cause the vacation to be forfeited. However, this is contingent on my providing the employer with a doctor’s note as proof of my inability to work.
I’m new to the job—when will I finally get vacation time?
You earn your full vacation entitlement after six months of employment. Until then, you earn a pro-rated vacation entitlement calculated on a monthly basis.
I can do whatever I want on vacation, right?
Unfortunately, it’s not quite that simple. Vacation is meant for rest and relaxation. As such, employees are required, for example, not to engage in any paid work during their vacation that conflicts with the purpose of the vacation.
Can my employer revoke approved vacation time?
No, that’s not possible. Once vacation has been granted, the employer cannot revoke it. This cannot happen even if the employer faces serious problems as a result. The employer must take precautions to ensure that this situation does not arise.
If the employee has already begun their vacation, the employer generally has no right to recall them from vacation—even if, from the employer’s perspective, there are compelling or urgent operational reasons to do so. Employees are therefore not required to provide their vacation address.
Can I cancel my approved vacation?
Employees are not permitted to cancel or reschedule approved vacation on their own. Anyone who takes time off without the employer’s consent risks termination. If vacation plans change due to unforeseeable circumstances, employees must discuss the matter with their employer and hope that the employer agrees to reschedule the approved vacation.
I’m not being granted vacation—what should I do?
Employees can sue to enforce their right to vacation. However, if time is of the essence and a court decision regarding the vacation cannot be awaited due to the length of the litigation process, it is also possible to take the faster route via a so-called preliminary injunction.
I’m switching to a different employer—what happens to my vacation time?
That depends. Any remaining vacation time with your former employer can be taken there, or, if that is no longer possible, compensated in cash. If this happens, you obviously cannot take the same amount of vacation again with your new employer. A so-called double entitlement is not permitted.
IG Metall members are represented free of charge by attorneys from DGB Rechtsschutz GmbH in labor and social courts, if necessary. The first point of contact is your local IG Metall office. More information is available here.
