Vacation Law for Foreigners

All information on the minimum vacation entitlement applicable in Germany according to the Vacation Act (BUrlG).

Here you learn ...

what the Federal Vacation Act (BUrlG) is and what it regulates
how much minimum vacation you are entitled to
what counts as vacation and what is not vacation

1. Holiday regulations in Germany

2. Transferability of vacation

3. Employment and illness during vacation

4. FAQ

5. Conclusion

1. Holiday regulations in Germany

In Germany, according to the Federal Vacation Act (BUrlG), employees are entitled to a statutory minimum vacation of 20 working days for a five-day week. For a six-day week, this entitlement increases to 24 working days (Section 3 of the BUrlG). Many collective bargaining agreements or employment contracts provide for a higher vacation entitlement. In addition to the statutory minimum vacation, there are also special vacation regulations in Germany. In certain cases, employees are entitled to special leave (e.g., for the birth of a child).

Vacation is intended for relaxation and to protect the health of employees. The Federal Vacation Act is therefore an employee protection law , which is why employees generally cannot waive their vacation. However, special provisions for compensation for vacation entitlements apply, for example, in the event of termination (see Section 7, Paragraph 4 of the Federal Vacation Act).

2. Transferability of vacation

Generally, the Federal Vacation Act (BUrlG) stipulates that the statutory minimum vacation must be taken in the current calendar year . However, there are exceptions: If vacation cannot be taken for urgent business or personal reasons, such as illness, it can be carried over. In this case, the deadline is extended to March 31 of the following year. Employees should therefore check their remaining vacation days in a timely manner, as unused vacation days will expire if they are not carried over or taken in a timely manner.

Correct vacation transfer is also crucial for employers, as they are legally obligated to notify their employees in a timely manner of the impending expiration of their vacation days . If the employer fails to comply with this obligation, the vacation remains valid and can be claimed later. Therefore, it is advisable to regularly document vacation entitlement and clarify this with employees at an early stage. Employment contracts that grant additional contractual vacation often have their own transfer regulations. The respective agreements should be carefully reviewed to avoid legal conflicts and create clarity for both parties.

3. Employment and illness during vacation

Many employees wonder whether they are allowed to work while on vacation to supplement their income. Generally, the law permits secondary employment while on vacation as long as it does not jeopardize the purpose of the vacation (Section 8 of the Federal Vacation Act). This applies, for example, to artistic activities. However, activities that are so physically or mentally demanding that they could prevent recovery or harm the primary employer are prohibited. Competing activities or illegal work are particularly problematic and can have legal consequences. Anyone wishing to work while on vacation should check the terms of their employment contract and, if in doubt, obtain their employer's consent.

Anyone who falls ill during their well-earned vacation doesn't have to worry about losing their precious vacation days. According to Section 9 of the Federal Vacation Act (BUrlG) , sick days documented by a doctor's note are not counted towards their vacation entitlement . It is important to submit the certificate of incapacity to work to your employer immediately - ideally on the first day of illness. This is the only way to preserve your right to rest and to be able to take your vacation at a later date. Especially if you become ill abroad, additional obligations apply, such as notifying your employer and submitting the certificate. Employees should therefore find out about their rights and obligations in the event of illness while on vacation as early as possible to avoid any unpleasant surprises.

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4. FAQ

How much statutory vacation am I entitled to in Germany?

According to the Federal Vacation Act (BUrlG), you are entitled to at least 20 vacation days per year if you work a 5-day week (Section 3 BUrlG).

What happens if I get sick on vacation?

With a medical certificate, sick days are not counted towards vacation (§ 9 BUrlG).

When does my vacation in Germany expire?

Generally, vacation must be taken in the current calendar year. Carryover until March 31 of the following year is only permitted under special circumstances (Section 7, Paragraph 3 of the Federal Vacation Act). The employer must notify the employee of the impending expiration in a timely manner; otherwise, the vacation will not expire.

What happens to vacation time when you are fired?

If the employment relationship is terminated, the remaining vacation days must be taken or compensated financially (Section 7 (4) of the Federal Vacation Act). The amount depends on the remaining vacation days and the average salary.

5. Conclusion

Vacation law in Germany is clearly regulated by the Federal Vacation Act (BUrlG) and serves to protect employee health. Employees working a five-day week are entitled to at least 20 vacation days. Unused vacation days expire if they are not used by March 31 of the following year – unless the employer has violated their duty to provide notice. During vacation, secondary employment is permitted as long as they do not jeopardize the purpose of the vacation. Activities that conflict with relaxation or are detrimental to the employer are prohibited. Illness during vacation does not result in the loss of vacation days – these days can be made up with a doctor's certificate.