- written by Nina Jerzy
- 3 Min Read
Leave permits granted for weddings, funerals, and illnesses are under discussion. - Leave allowance for marriage, death, and illness-related situations considered here.
Special leave, often associated with heart-wrenching moments like losing a loved one, is more than just that. This paid time off work can be taken for joyous occasions, essential appointments, and unexpected incidents - all without dipping into your valuable vacation days. The number of days you can take each year is unlimited, but it's important to remember that managing special leave can get complicated.
Till Bender, a lawyer from DGB Rechtsschutz GmbH, explains that special leave for specific family events and personal hardships is a legal entitlement, although it can be excluded in collective or individual employment contracts. Companies may also have their own guidelines on how to handle special leave. In the absence of such regulations, the legal claim applies.
When can I take special leave?
Courts have determined the following scenarios for special leave:
- Your own wedding
- Weddings of children or parents
- Anniversaries for married parents
- Your wife's childbirth
- Funerals for close family members
- Medical appointments
- Burglary
- Fire
- Uninsured traffic accidents
The length of special leave varies based on the situation. For medical appointments, a few hours might be enough. For family events, the exemption typically covers the day of the event itself, not just the ceremony. In extreme cases, special leave can last around seven to ten days.
If you're caring for a sick child or a dependent relative, special leave can be taken. Bender recommends using this leave before receiving child sickness benefit, as full pay is given during special leave, while child sickness benefit is usually around 90% of your wages, capped at around €120.75 per month. In addition, employees can claim up to 15 days per year per parent, or 30 days for single parents, from their health insurance company for dependent care.
The Care Time Act allows employees up to ten days of paid special leave to care for a dependent in an emergency. Close relatives, as defined by Bender, include grandparents, parents, in-laws, step-parents, spouses, partners, siblings, their spouses, grandchildren, children (biological, adopted, or fostered), and their partners.
Voluntary activities may also grant special leave. Bender encourages those heavily involved in charitable, social, or family commitments to inquire about potential exemptions. Special leave can also be granted for educational purposes, job applications following termination of employment, civic duties, or religious observances, although this depends on the specific case.
Bender advises notifying your employer as early as possible if you need to take special leave. In case of emergencies like fires or accidents, a phone call is usually sufficient. For doctor's appointments, informing your employer or presenting a practice appointment card is typically enough, although some employers may require a medical certificate or a letter from your doctor. Your supervisor may not demand that you see a specific doctor who offers evening appointments.
Unlike sick leave, the duration of special leave is not fundamentally limited. However, if an employee has had multiple personal events in a year, your employer may ask for proof to ensure that the leave is genuinely needed and not being abused.
In Germany, special leave policies can vary greatly, from statutory provisions to collective agreements and company policies. It's essential to familiarize yourself with your company's regulations and exercise your rights accordingly.
Enrichment Data:- Special leave in Germany is primarily governed by statutory provisions, collective agreements, and company policies. Here's a summary of the main types of special leave along with their duration, payment, and specific conditions.
Family Events and Personal Misfortunes
- Death and Bereavement
- Close Relatives: Employees are usually entitled to paid time off (special leave) to attend the funeral of a close relative. The duration can range from one to two days, depending on the employer's policy or collective agreement.
- Legal Provisions: There is no federal law specifying a minimum for Bereavement leave, but most collective agreements or company policies provide for this leave.
- Parental Care and Family Emergencies
- Carer’s Leave: For urgent care situations (e.g., caring for an ill child or dependent), employees can be absent for up to ten working days per year to provide personal care or support. This leave is often unpaid, but employees can apply for a wage replacement benefit through long-term care insurance for some qualifying situations.
- Child Illness Leave: Parents can take paid leave to care for a sick child if a doctor’s note is provided, usually for up to ten days per child per year (up to 20 days for single parents or parents with two children, increasing as the number of children rises).
Medical Appointments
- Statutory Sick Leave
- Employees are entitled to paid sick leave if they are unable to work due to illness, certified by a doctor’s note. The employer pays the salary for the first six weeks; afterward, statutory health insurance covers up to 70% of the gross salary for up to 78 weeks within a three-year period for the same illness.
- Medical Appointments for Dependents
- There is no universal statutory right to paid time off for medical appointments for dependents. However, many employers allow brief absences for this purpose, or it may be covered under carer’s leave or special leave provisions in collective agreements.
Other Unforeseen Circumstances
- Personal Unforeseen Circumstances
- Special Leave for Urgent Matters: German law does not specify a general statutory allowance for special leave for personal misfortunes or unforeseen circumstances (except as detailed above). However, many collective agreements or employer policies grant a few days per year for such events (e.g., moving house, court appearances, severe weather).
- Volunteer and Other Special Leave: Some employers offer additional leave for volunteering, mental health days, or birthdays, but these are not statutory requirements and depend on company policy.
Summary Table
| Reason for Leave | Legal Basis | Typical Duration | Paid/Unpaid ||------------------------------------------|---------------------------|-----------------------|---------------------|| Death of close relative (funeral) | Collective/Company Policy | 1–2 days | Paid (often) || Child/dependent illness | Statutory & Policy | Up to 10–20 days/year | Paid/Unpaid || Carer’s leave (urgent care) | Statutory | Up to 10 days/year | Unpaid (unless policy or benefit) || Medical appointments (self) | Statutory (sick leave) | As needed | Paid || Medical appointments (dependent) | Policy (collective) | Brief | Varies || Other unforeseen circumstances | Policy | 1–2 days (often) | Varies |
Additional Notes
- Annual and Public Holidays: All employees are entitled to at least 20 days of annual leave and 9–14 paid public holidays depending on the state.
- Maternity and Parental Leave: Not directly relevant here, but distinct from special leave. Maternity leave is mandatory and paid, lasting 14 weeks (or 12 weeks for premature/multiple births).
- Despite being associated with sorrowful events, special leave in Germany can also be taken for joyful family occasions like weddings of children or parents, anniversaries for married parents, and one's own wedding.
- For employees with a keen interest in science or work-related wellness, it's worth noting that special leave can be granted for educational purposes, job applications, and even for volunteering or participating in charitable activities.
- When parenting, it's essential for a parent's health and wellness to know that special leave can be taken for medical appointments or to care for a sick child, with the possibility of receiving full pay during the leave, compared to child sickness benefits.
