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Regulations for remaining vacation
March 27, 2025
Remaining leave refers to the days of leave that have not been granted or taken. So today we would like to clarify what happens to remaining leave if you have been ill for a long time or change jobs. And are you even allowed to take vacation days in the following year? We have the answers.
How can I claim remaining vacation?
Every employee has the right to paid vacation days. This is regulated by §3 of the Federal Leave Act (BUrlG).
Number of working days: Vacation entitlement
6-day week: min. 24 working days
5-day week: min. 20 working days
These vacation days are beneficial for the entire company. The employee regenerates and the employer is pleased to have relaxed and motivated employees.
But what should you do if the year is almost over and you still have some vacation days left? There are exceptions that allow you to take these vacation days into the next calendar year if ” … urgent operational reasons or reasons relating to the employee justify this.” This is the case if:
- The employee falls ill during vacation.
- The employee would like to take vacation at the end of the year, but this is not possible for operational reasons (increased workload, illness of the workforce).
- If other employees were favored for social reasons.
However, it is not only the laws that are decisive for these regulations, but also the company contracts and regulations. If you work according to a specific collective agreement, you should look there.
If one of these exceptions applies, the remaining vacation must be taken in the first three months of the new calendar year. This would have to be done exactly by March 31.
What happens to my remaining vacation at …
… an illness? The European Court of Justice has ruled that employees are entitled to vacation even if they have been ill for several months. If the employee has even been ill for a whole year, he is entitled to a year’s vacation. If there is a reason for carry-over in this case, the leave must be taken by March 31 if the employee was on sick leave until the end of December.
… during parental leave? If one parent takes parental leave, the vacation days are not lost. They can be taken in the current or following year. This is stipulated by law. Even if a second parental leave follows seamlessly, the leave is carried over.
… a job change?: The law stipulates that you can still take the remaining vacation during the notice period. It does not matter whether you have given notice yourself or have been dismissed. If this is not possible, the outstanding vacation days must be paid out. Employers are obliged to allow remaining vacation days or to pay them out.
Fun fact: If you have decided to change jobs yourself, it pays for employees to give notice in the first few months of the second half of the year. They are entitled to their full annual leave, whereas in the first half of the year they are only entitled to one twelfth for each full month.
Anyone who has already claimed their full annual leave before being dismissed does not have to repay the employer. In this case, the employee is no longer entitled to any vacation days in the new job.
Calculation for remaining vacation
In order to have outstanding vacation days paid out, they must be converted into money. To do this, you need to know how much a working day is worth. A quarter consists of 13 weeks. So you take three monthly salaries and divide them by three. Now you have calculated the value of a working week. If you work five days a week, divide this result by five and you know how much a working day is worth.
Example: An employee works five days a week and receives € 3,500 gross per month. His quarterly salary is therefore € 10,500 gross (3,500 x 3). The weekly salary is therefore € 807.69 (10,500 : 13). One working day is therefore worth exactly € 161.54 (807.69 : 5). If the employee is entitled to payment of his vacation days, his entitlement for 15 days of vacation is equivalent to € 2,423.10 (161.54 x 15).
Other questions that may be of interest:
Can remaining vacation days be carried over to the next year?
As a general rule, vacation must be taken during the current calendar year, and the employer must expressly point this out if it is in danger of expiring. However, in the event of urgent operational reasons, it is permissible to carry over remaining vacation days to the next year. The same rule applies in the event of urgent personal reasons. In both cases, however, the remaining vacation days must be taken by March 31, otherwise they expire.
Exceptions apply if these are stipulated differently in the employment contract or collective agreement. Section 7 (3) of the Federal Leave Act (BUrlG) states: “Leave must be granted and taken in the current calendar year. Leave may only be carried over to the next calendar year if this is justified by urgent operational reasons or reasons relating to the employee.”
It goes on to say: “In the event of a transfer, the leave must be granted and taken in the first three months of the following calendar year. However, at the request of the employee, partial leave accrued in accordance with Section 5 (1) (a) may be transferred to the next calendar year.”
Can employees waive their entitlement to payment for remaining vacation days?
Employees can waive their right to holiday pay if they have submitted a waiver after the entitlement arose. This was established by the Federal Labor Court (BAG) in 2013. Contractual agreements that are intended to prevent entitlement to holiday pay in advance are invalid according to Section 13 (1) sentence 3 of the Federal Leave Act (BUrlG). According to Section 7 (4) BUrlG, no deviation to the detriment of the employee is permitted.
What happens if the employee dies?
In November 2018, the European Court of Justice (ECJ) ruled that the heirs of a deceased employee are entitled to payment for any remaining vacation days.
