As Deutsche Welle notes, on average, German workers are granted 29 days off per year. The length of vacation may depend on tariff agreements in force, for example, in the construction, trade, agricultural, metalworking, and chemical industries, as well as in science and media. Or it may depend on the terms of a collective agreement at the enterprise.
In other cases, the number of vacation days is a matter of negotiation when concluding an employment contract. By the way, if the employment relationship begins in the second half of the year, then the vacation in the first year will be proportionally reduced: each month worked earns 1/12 of the annual vacation days.
The age of employees is one of the factors that can affect the amount of vacation, often in cases involving heavy physical labor in production. For example, at the world-famous sandal manufacturer Birkenstock, upon reaching the age of 58, employees are entitled to 36 vacation days, while their colleagues who have not yet reached this age threshold are granted two days less. Is that not a reason for envy? In 2014, seven workers aged 45 to 56 sued Birkenstock, considering this approach to allocating vacation days discriminatory. The court sided with the employer.
However, in the case of those engaged in intellectual work, the decision could be quite different. For example, according to the tariff agreement for public sector employees, previously, with a five-day work week, vacation for workers aged 30 to 40 was 29 days, and after 40 years – 30 days. In 2012, the court found this differentiated approach unfair. Now, 30-year-olds, including, for example, journalists at Deutsche Welle, can also take 30 days of vacation.
Vacation is meant to be a time to disconnect from work, relax, and recharge. Therefore, during this time, an employee is not obliged to provide their contact information to the employer, check work emails, or answer phone calls. Only in an emergency and by mutual agreement can an employee interrupt their vacation at the request of their supervisor.
When scheduling vacations, the employer must take into account the employee's wishes. The entire vacation can be taken at once, even at the beginning of the year. The exception is the probationary period – vacation is only due after the new hire has worked the first six months.
In some companies, employees are asked to communicate their vacation plans at the beginning of the year. But most often, employers show flexibility, as, for example, at the chemical concern Evonik. “We have no strict rules. Decisions about vacation are made by the departments and work groups themselves, based on the situation,” said Randolf Bursian, responsible for recruitment in Germany at the concern. Employees' vacation here also lasts 30 days.
If the supervisor has already given consent and signed the application, they cannot reverse the decision. However, they have the right to veto a vacation that has not yet been approved. But there must be serious reasons for that, such as a widespread flu epidemic at the enterprise or a heavy workload due to the season. Colleagues can also interfere: if several people want to take time off at the same time and the production situation does not allow it, then factors such as children's school holidays, the spouse's vacation, or the need for rest after a serious illness will carry more weight in resolving conflicting interests.
If the situation at the enterprise does not allow taking the entire vacation at once and it has to be split, the employer must give the employee at least two consecutive weeks of vacation once a year. However, accumulating vacation days over several years to then take a long break from work and colleagues is not possible: unused days in the current year can be carried over to the next year, but they must be taken by a certain deadline (usually by March 31). If this condition is not met, the remaining vacation days are forfeited. Some employers also limit the number of days that can be carried over. For example, at Deutsche Telekom, the maximum is five days.
It is interesting that workers in Germany consciously forgo an average of three vacation days per year. According to the German Institute for Economic Research (DIW), this is primarily done by young employees who have recently started a job or received a pay raise.
The rule about March 31 loses its force in two cases. First, if the employee was repeatedly denied vacation in the previous year due to production reasons. Second, if they did not use their vacation days due to serious health problems. In such situations, an agreement can be made to postpone the forfeiture deadline to a later date.
And in the case of illness, a special rule applies. If an employee falls ill while on vacation (in Germany or abroad) and has a doctor's certificate, they must immediately inform their supervisor and the health insurance fund. Then, the vacation days will not be used for recovery.
During the vacation period, the employer continues to pay the employee. The amount of vacation pay is calculated based on the average earnings over the last 13 weeks. This includes allowances for night shifts, weekend and holiday work. One-time bonuses and overtime pay are not included unless they accumulate regularly.
In addition, the employer may voluntarily pay a one-time vacation bonus (Urlaubsgeld) – in the range of several hundred or even several thousand euros (though this is rare). The amount may be fixed or dependent on salary. According to a recent survey conducted by the trade union-affiliated Hans Böckler Foundation (Hans-Böckler-Stiftung), only 43 percent of German workers receive such a bonus. It is more common in the west of the country than in the east, and in large companies than in small and medium-sized enterprises. Salary level also plays a role: those earning 5,000 euros per month or more receive such benefits more often.
Saved vacation days cannot be converted into cash. The only exception is in case of dismissal: if vacation days remain, the employer is obliged to pay monetary compensation for them.
Often, a few extra days are added to the annual leave for reasons such as moving, marriage, or serious illness or death of a close relative (Sonderurlaub). In many companies and organizations, staff can also take up to 10 additional days of paid leave for professional development (Bildungsurlaub).