Vacation days in Germany: How much annual leave are you entitled to?

You do not need to understand every German leave rule to protect your time off. This guide shows you how many vacation days you have, how to request them and what to do if your leave is refused, reduced or at risk of expiring.

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Key Takeaways

  • Germany's statutory minimum is four weeks of paid annual leave: 20 days for a five-day week or 24 days for a six-day week.

  • Your working days per week matter more than your weekly hours. A three-day working week normally means a 12-day statutory minimum.

  • Your employer must consider your preferred dates, but may refuse them for urgent operational reasons or socially higher-priority requests.

  • Statutory leave does not simply disappear because 31 December or 31 March has passed; employer notice duties are important.

  • If you become unfit for work during approved leave, medically certified sick days are not counted as vacation days.

  • Contractual extra leave can follow different rules, so always separate it from the statutory minimum.

Vacation days in Germany are governed by the Federal Leave Act (BUrlG), which guarantees every employee a minimum of four weeks paid annual leave per year. For most expat professionals, this translates to 20 days on a standard five-day work schedule, though many contracts offer 28-30 days total.

You're likely here because your leave balance doesn't match what you expected, your request was denied without explanation, or you're unsure what happens to unused days when changing jobs. These situations create immediate stress when you need clear answers about your legal position and practical next steps.

This is what we cover:

  • Statutory minimum calculations and part-time adjustments

  • Requesting leave and handling employer refusals

  • Carryover rules and expiry deadlines that protect your entitlement

  • Sick leave during vacation and job change procedures

  • Additional leave rights for disability, youth, and parental situations

Before you calculate anything: place your employment contract, any applicable collective agreement, your weekly schedule and your current leave balance side by side. You do not need to understand every German clause yet. The guide will show you what to look for.

Does German annual leave law apply to you as an expat?

German annual leave protection generally applies when your employment relationship is governed by German employment law, and nationality is not the deciding factor. Even a foreign-based employer may have to observe Germany's paid minimum annual leave for work performed here.

A foreign payslip, an English-language contract or a manager based abroad does not automatically remove German minimum protection. What matters is where and how you work, which law governs the contract, and whether you are locally employed, posted or working across several countries.

Key German terms

German term

Plain-English meaning

Urlaub / Erholungsurlaub

Paid annual leave intented for rest and recovery.

Urlaubsanspruch

Your legal or contractual leave entitlement.

Werktage

All calendar days except Sundays and public holidays; under the BUrlG this normally includes Saturdays

Arbeitstage

The days on which you are normally required to work

Resturlaub

Unused leave remaining from an entitlement period

Urlaubsentgelt

Normal renumeration paid while you are on annual leave

Urlaubsgeld

An additional holiday bonus, only payable if there is a separate legal basis

Cross border caution

If you are posted temporarily, work in several countries, have a foreign-law contract or are treated as self-employed, do not assume that every BUrlG rule applies in exactly the same way. The mandatory minimum may still protect you, but the governing law and employment status need an individual assessment.

How many statutory vacation days do employees receive in Germany?

The statutory minimum is four weeks of paid annual leave in each calendar year. For the common five-day week, that means 20 days.

The number “24” in the Federal Leave Act often causes the first wave of confusion. The Act counts Werktage using a six-day week that includes Saturday. Twenty days on a five-day schedule and 24 days on a six-day schedule both provide four weeks away from work.

Core protection: sections 1–3 and 13 BUrlG

Every employee is entitled to paid annual leave. The statutory minimum is 24 working days on the Act's six-day-week basis, and individual agreements generally cannot reduce employee protection below the statutory floor.

Regular workdays per week

Statutory minimum per year

6

24 days

5

20 days

4

16 days

3

12 days

2

8 days

1

4 days

Many employers offer 28 or 30 days. Those additional days may follow different rules when you leave or carry leave forward.

How do you calculate vacation days for part-time or irregular work?

For part-time employees, vacation entitlement is based on the number of days normally worked each week, not on the number of hours worked per day. This ensures that all employees receive the same amount of actual time off.

For example, someone who works three long days per week does not receive the same number of leave days as someone who works five shorter days. Instead, each employee receives leave proportional to their working pattern.

Example: Maya works three days per week

Maya works three days per week. Full-time employees at her company work five days per week and receive 30 contractual vacation days each year.

To calculate Maya's entitlement:

30 ÷ 5 × 3 = 18 vacation days

Maya is therefore entitled to 18 contractual vacation days per year.

For comparison, the statutory minimum vacation entitlement would be calculated in the same way:

20 ÷ 5 × 3 = 12 days

This means the law guarantees Maya at least 12 vacation days, but her employment contract gives her 18 days, so the higher contractual entitlement applies.

When Maya takes a full week off, she only needs to use three vacation days, because she normally works only three days during that week. She does not need to use five days, since the two remaining weekdays are not working days for her anyway.

Formula

Comparable annual leave ÷ comparable weekly workdays × your weekly workdays

Example: 30 ÷ 5 × 4 = 24 contractual leave days for a four-day week.

What happens to vacation when you start or leave a job mid-year?

The 1/12 rule does not apply automatically to every mid-year start or departure. This is one of the most common places where a confident-looking HR calculation can still be incomplete.

The law asks whether you completed the six-month waiting period and when employment ends. Leaving in May differs from leaving in August. A job change does not create two full entitlements: the former employer records leave already granted or paid out.

Situation

Statutory rule in simplified form

Before the six-month waiting period is completed

Partial leave can arise at 1/12 of annual leave for each full month in the cases listed in section 5 BUrlG.

Leaving after the waiting period but by 30 June

Generally 1/12 per full month under section 5(1)(c) BUrlG.

Leaving after the waiting period in the second half of the year

The full statutory annual minimum can be due; a clear contract may prorate additional contractual leave without cutting below the statutory floor.

Moving to a new employer in the same year

No double statutory entitlement for leave already granted by the former employer; obtain the statutory leave certificate.

Example: Daniel changes jobs in August

Daniel has completed the waiting period and leaves his five-day job on 31 August. His contract provides 30 days and clearly prorates only the ten extra contractual days.

The statutory 20-day minimum is not automatically reduced to 8/12. The treatment of the ten additional days depends on the contract, and the days Daniel has already taken must also be included.

His former employer must give him a leave certificate. He should pass it to the new employer rather than relying on two HR portals that do not communicate with each other.

Rounding matters

In some situations, such as joining or leaving a job during the year, vacation entitlement must be calculated proportionally. This can result in fractions of a vacation day.

For example, an employee entitled to 20 days of annual leave who accrues leave for only seven months would receive 20 × 7 ÷ 12 = 11.67 days.

Under Section 5(2) BUrlG, fractions of at least half a day are rounded up. In this example, the entitlement would therefore increase from 11.67 to 12 vacation days.

This rule concerns the calculation of leave entitlement, not the deduction of leave that has already been taken. Contractual leave entitlements may be subject to different rules.

What is the difference between statutory and contractual leave?

Statutory leave is the protected floor, while contractual extra leave is everything granted above it. On an ordinary summer holiday, the distinction is invisible; it becomes important when something changes.

Think of 30 days as two layers: usually 20 statutory days plus ten additional days. A contract can sometimes apply special rules to the second layer, but it must distinguish it clearly enough.

Issue

Statutory minimum

Contractual extra leave

Source

BUrlG

Contract, collective agreement or works agreement

Typical five-day figure

20 days

Days above 20, often bringing the total to 28–30

Employee protection

Cannot generally be reduced by individual agreement

May have distinct rules if drafted clearly and lawfully

Key contract wording

“Statutory minimum leave”

“Additional” or “contractual leave,” plus separate expiry and proration clauses

Contract audit

Search for gesetzlicher Mindesturlaub, vertraglicher Mehrurlaub, Verfall, Ausscheiden and Arbeitsunfähigkeit. If the contract does not clearly separate extra leave, the statutory regime may also influence that additional entitlement.

How should you request annual leave, and can it be refused?

Request leave through the designated system and wait for approval before making irreversible plans. Your preferred dates are the starting point, not a favour you should feel uncomfortable asking for.

The right is to paid leave, not always to one particular week. Submit exact dates, keep the confirmation, and ask for the reason and alternatives if the request is refused.

What "urgent operational reasons" does not mean

A general preference to keep everyone available is not the same as a specific operational conflict.

Peak periods, minimum staffing or an unexpected workload may matter. School-holiday needs and other social factors can also matter when several employees request the same dates. The point is that your request must be genuinely considered, not silently ignored.

Do not take leave without approval

Keep the request, response and any reason for refusal in writing. If approval is delayed or refused repeatedly, escalate through HR, the works council if one exists, or legal advice. Simply staying away can put the employment relationship at risk.

As a practical rule, book non-refundable travel only after approval. A contract or policy may set a request process, but it cannot remove the statutory duty to consider your leave wishes.

Has the same leave request been refused again?

Repeated refusal can turn a planning problem into a rights issue. A review of the request history and the reasons given can show whether there is a genuine conflict or whether your entitlement is being made practically unusable.

When can unused vacation be carried over or expire?

Statutory leave is normally taken in the current calendar year, and carryover is possible where urgent operational or personal reasons justify it. The familiar 31 March date applies to carried-over leave, but it is not a universal delete button.

Office folklore often says, “Everything disappears in March.” The real questions are which days remain, why they were not taken, and whether the employer clearly enabled you to use them. A portal balance alone may not be enough.

Deadline alert: separate the questions

  • Is this statutory minimum leave or contractual extra leave?

  • Was there a valid reason to carry it over?

  • Did the employer provide a concrete and timely warning?

  • Was illness the reason you could not take it?

Different answers can produce different deadlines.

Verified Federal Labour Court decisions

Ordinary expiry and limitation: statutory leave does not simply become time-barred from the end of the year in which it arose. The employer must first have enabled the employee to take it by fulfilling the relevant information and invitation duties.

BAG, judgment of 20 December 2022, 9 AZR 266/20

Long-term sickness: where the employee worked before becoming continuously unfit for work, expiry after 15 months may also depend on whether the employer fulfilled those duties in time. Where the employee was unable to work throughout the entire leave year and beyond, the 15-month rule can still apply without such notice.

BAG, judgment of 20 December 2022, 9 AZR 245/19

If employment ends and the remaining leave can no longer be taken, it changes into a claim for financial compensation. During ongoing employment, however, payment is generally not a substitute for actual rest.

What happens if you become sick during approved vacation?

Days on which you are medically certified as unfit for work are not counted as annual leave. The practical difference is important: the days return to your balance, but the approved holiday does not simply extend itself.

For an expat, this can be stressful. You may be outside Germany, speaking to a doctor who does not know the German phrase Arbeitsunfähigkeit, while your team expects a quick message.

Tell your employer promptly, obtain evidence that confirms incapacity for work, and follow any additional procedure required by your health insurer, especially abroad.

Example: Aisha becomes ill while visiting Spa

Aisha is on approved leave from Monday to Friday and becomes unfit for work on Tuesday. She informs her employer immediately, obtains a certificate that confirms incapacity for work from Tuesday to Thursday, and follows the required insurance process. Those three certified days are not charged to annual leave. They are restored to her balance; they do not automatically extend her trip through the following Monday.

If you are abroad

Notify your employer immediately of the incapacity, expected duration and your address abroad. Ask the doctor to certify incapacity for work, not merely attendance or diagnosis. Check the procedure with your German health insurer as well; electronic sick-note processes do not remove every duty, particularly when treatment takes place outside Germany.

Were certified sick days not restored?

Keep the certificate, your message to the employer and proof of submission. These documents usually show whether the problem is missing evidence, a process issue or an incorrect refusal.

How do parental leave and maternity protection affect annual leave?

During parental leave, the employer may reduce annual leave by one twelfth for each full calendar month, but the reduction is not automatic. That small word “may” matters.

Ask before or during parental leave how the employer intends to calculate the entitlement and whether a reduction has been declared. If you work part-time for the same employer, the parental-leave reduction does not apply to that period.

Situation

Effect on annual leave

Full calendar month of parental leave without part-time work for the same employer

Employer may declare a 1/12 reduction

Part-time work for the same employer during parental leave

No parental-leave reduction under section 17(1); entitlement follows the workday pattern

Unused leave from before parental leave

Must be granted after parental leave in the current or following leave year

Maternity protection employment ban

Counts as employment time for calculating paid annual leave

Maternity protection follows a different logic. Time covered by a maternity protection employment ban counts as employment time for annual-leave calculation, and protected unused leave can be taken later.

How are vacation pay, holiday bonuses and public holidays treated?

Your normal remuneration continues during statutory annual leave, but an additional holiday bonus is a separate question. The similar German words make this sound more complicated than it is.

Urlaubsentgelt keeps normal income flowing during leave. Urlaubsgeld is an extra payment that needs its own basis. A statutory public holiday at the relevant work location generally does not consume a leave day when it falls on a day you would normally work.

Concept

German term

General rule

Pay during annual leave

Urlaubsentgelt

Statutory entitlement; section 11 uses average earnings from the previous 13 weeks, excluding additional overtime pay and subject to statutory adjustments.

Extra holiday bonus

Urlaubsgeld

Generally does not use an annual-leave day; pay for work lost due to the public holiday is governed by section 2 EntgFG.

Public holiday on a scheduled workday

Feiertag

Feiertag

Public holidays depend on location

Germany's public holidays vary by federal state. For employment purposes, the decisive holiday calendar is generally connected to the place of work, not simply where you live or where your employer's head office is located. Remote and cross-state arrangements may need closer review.

What should you check now?

Check the entitlement in a fixed order: work pattern, legal sources, timing, use and expiry information. This keeps statutory minimum leave separate from contractual extras and exposes most calculation errors quickly.

Annual leave checklist for employees

  • Record your regular workdays per week or your full roster cycle

  • Check your contract, collective agreement and works agreement

  • Separate statutory minimum leave from contractual extra leave

  • Confirm your start date, waiting period and any termination date

  • Calculate part-time leave by workdays, not merely weekly hours

  • Compare HR's balance with leave already approved and taken

  • Save employer notices about outstanding leave and expiry

  • Request a leave certificate when changing employers

  • Keep medical evidence and notifications if you were sick on leave

  • Add disability, youth or applicable state educational leave

  • Ask for a written calculation if HR's number differs

  • Obtain legal review for foreign contracts, postings or long-term sickness

Template letter: Ask HR to confirm your leave balance

Template notice: This is a general editorial aid, not individual legal advice. Sending it does not suspend election, contractual or court deadlines. Review and adapt it before use.

[Your full name]
[Your address]

[Employer / HR department]
[Address]

[Place, date]

Subject: Request for confirmation and breakdown of my annual leave balance

Dear Sir or Madam,

According to my records, my annual leave entitlement for [year] is [number] days. I have taken [number] days, leaving a balance of [number] days.

Please confirm my current balance and the date by which the remaining leave should be taken. I request approval for leave from [date] to [date]. If carryover is required, please confirm it in writing.

If your calculation differs, please provide a transparent breakdown identifying the statutory, contractual or collective-agreement provisions applied, including any distinction between statutory minimum leave and additional leave.

Kind regards,

[Signature / name]

Does HR's figure still not add up?

A focused review can separate a simple payroll error from a dispute about waiting periods, extra leave, expiry or cross-border law.

  • Compare contract and leave account

  • Separate statutory and additional leave

  • Assess reductions, notice duties and deadlines

What is the bottom line on vacation days in Germany?

Employees in Germany are protected by a four-week statutory minimum, regardless of nationality. The correct number depends mainly on regular workdays, while waiting periods, job changes and clearly separated extra leave affect the detailed calculation. Request leave in writing, keep approvals and expiry notices, and obtain medical evidence immediately if illness interrupts your holiday. When a foreign contract, long-term sickness or a disputed reduction is involved, early review can prevent the loss of a valuable entitlement.

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