Leave Policy in Germany

Germany's employee leave framework is shaped by a set of distinct federal statutes rather than a single unified code. The Federal Leave Act, Maternity Protection Act, Parental Allowance and Parental Leave Act, Continued Remuneration Act, and Care Leave Act each impose their own obligations, covering areas from annual leave entitlements and waiting periods to maternity protection, parental leave, and sick pay. Employer obligations are defined by these statutory minimums, and any company policy operating in Germany must be built on top of, and in full compliance with, that legislative foundation.

For foreign employers hiring in Germany, the practical compliance challenge lies in tracking obligations across all of these statutes simultaneously, since each carries independent requirements and timelines. Gloroots addresses this through its Global Employer of Record service, which provides centralized governance and local execution of German leave compliance without requiring the foreign employer to establish a German legal entity.

Leave Policy at a Glance

Overview and Legal Basis for Leave in Germany

Germany's leave framework rests on a set of federal statutes, each governing a distinct category of absence. Understanding how does EOR work helps employers apply these rules correctly when hiring in Germany without a local entity.

The core statutes are: Bundesurlaubsgesetz (BUrlG) for annual leave, Mutterschutzgesetz (MuSchG) for maternity protection, Bundeselterngeld- und Elternzeitgesetz (BEEG) for parental leave and allowance, Entgeltfortzahlungsgesetz (EFZG) for sick pay continuation, Pflegezeitgesetz (PflegeZG) and Familienpflegezeitgesetz (FPfZG) for carer's leave, Arbeitszeitgesetz (ArbZG) for working time limits, and BGB §616 for short-term personal absence.

Statutory minimums set the floor. Collective bargaining agreements (Tarifvertrag) and works council (Betriebsrat) agreements frequently raise entitlements above those minimums. Employers must track which instrument applies to each employee.

Germany's leave categories covered in this guide include: annual leave, public holidays, sick leave, maternity leave, parental leave, adoption leave, bereavement leave, carer's leave, and force majeure or urgent family absence.

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Annual Leave (Earned / Privilege Leave)

Germany's Bundesurlaubsgesetz (BUrlG) sets the statutory minimum at 20 days per year for a five-day workweek and 24 days for a six-day workweek. Many collective agreements extend this to 30 days.

Employees must complete a six-month waiting period (Wartezeit) under BUrlG §4 before the full annual entitlement accrues. Before that threshold is reached, BUrlG §5 grants 1/12 of the annual entitlement for each full calendar month worked. If an employee leaves in the first half of the calendar year after completing the Wartezeit, only the pro-rated figure applies.

• Leave pay is based on average earnings over the preceding 13 weeks, excluding overtime (BUrlG §11), and must be paid before leave begins.

• Illness during annual leave: medically certified sick days do not count as vacation days (BUrlG §9), and the affected days are reinstated to the leave balance.

• Prior employer leave taken in the same calendar year is deducted from the new employer's entitlement (BUrlG §6); the prior employer must issue a leave certificate on termination.

• During parental leave (Elternzeit), the employer may reduce the entitlement by 1/12 per full calendar month of parental leave (BEEG §17(1)). Any residual pre-Elternzeit leave carries over (BEEG §17(2)).

Youth leave entitlements follow the Jugendarbeitsschutzgesetz (JArbSchG): employees under 16 receive 30 days, those aged 16 receive 27 days, and those aged 17 receive 25 days. These figures apply to a six-day workweek and must be adjusted proportionally for five-day schedules.

Public Holidays

Germany observes between 10 and 13 public holidays per year, depending on the federal state. Bavaria has the most at 13; Hamburg and Bremen observe the national minimum of 10. Multi-state employers must apply state-specific calendars.

Under ArbZG §9–10, work on public holidays is generally prohibited. Exceptions require prior approval from the relevant authority. Where holiday work is permitted, employees are entitled to overtime pay or compensatory rest.

Moveable feast dates (Good Friday, Easter Monday, Ascension Day, Whit Monday) are listed above for 2025 and should be reviewed annually. For comparison, see the leave policy in the UK for how another major European market structures public holiday entitlements.

Sick Leave

Employees who have worked for at least four weeks receive full pay for up to six weeks of illness under the Entgeltfortzahlung bei Krankheit (EFZG). After six weeks, the statutory health insurance fund pays Krankengeld at 70% to 90% of regular salary for up to 78 weeks within a three-year period for the same illness.

Employees must notify their employer of incapacity as soon as possible. If illness extends beyond three days, a medical certificate is required by the next working day. Since 2023, doctors transmit incapacity certificates electronically (eAU). Employers retrieve the certificate directly from the health insurer; employees no longer submit a paper document.

Burnout and work-related stress qualify as Arbeitsunfähigkeit under EFZG when medically certified. The same six-week full-pay rule applies. There is no separate category for mental health conditions under the statute.

Sick days taken during annual leave do not consume vacation entitlement, provided the employee holds a valid medical certificate. This protection is set out in BUrlG §9.

After six weeks of absence within any 12-month period, the employer must offer a Betriebliches Eingliederungsmanagement (BEM) process under SGB IX §167(2). BEM is a structured reintegration programme. The employee may decline, but the employer must document the offer.

Casual Leave

Germany has no statutory right to casual leave as a standalone category. However, BGB §616 entitles employees to continued pay for a short, unforeseeable personal impediment, such as a sudden illness of a child or an urgent family emergency.

The entitlement typically covers 3 to 5 days per qualifying event. Employers and employees should note that BGB §616 can be excluded or modified by a collective bargaining agreement or individual employment contract.

Beyond the statutory floor, many employers grant additional discretionary casual days as a workplace benefit. These are not legally required but are common in practice, particularly in sectors governed by collective agreements.

Maternity Leave

Germany's Maternity Protection Act (Mutterschutzgesetz, MuSchG) entitles pregnant employees to 14 weeks of paid maternity leave: 6 weeks before the expected due date and 8 weeks after birth.

Extended postnatal leave of 12 weeks applies in cases of premature births, multiple births, or where a child disability under SGB IX §2(1) is medically confirmed within 8 weeks of birth, as set out in MuSchG §3(2). This brings total leave to 18 weeks in those scenarios.

Job protection under MuSchG §17 prohibits dismissal during pregnancy and until 4 months after birth. Any exception requires prior written consent from the competent state authority (oberste Landesbehörde). Employees have the right to return to the same or an equivalent position after leave ends.

Nursing break entitlements are also provided under MuSchG, allowing employed mothers time during working hours to breastfeed without loss of pay.

Maternity benefits are paid by the public health insurance fund up to $15 (13 EUR) per day. Where the employee's average daily net wage from the three months before pregnancy exceeds this, the employer pays a supplementary allowance to cover the difference. Employees with private health insurance receive a state payment capped at $244 (210 EUR) total.

For employers managing German maternity compliance across multiple jurisdictions, Gloroots supports benefit tracking and statutory coverage as part of its Employment Lifecycle Management. You can also compare entitlements in neighbouring EU markets such as the leave policy in Poland.

Paternity Leave

Germany has no standalone statutory paternity leave. Fathers access parental leave (Elternzeit) under the Federal Parental Allowance and Parental Leave Act (BEEG) on the same terms as mothers.

The parental allowance (Elterngeld) is available to fathers at 65 to 67% of pre-birth net income, ranging from $349 (€300) to $2,093 (€1,800) per month. When both parents share leave under the Partnership Bonus concept, the total entitlement extends to 14 months.

Some employers provide discretionary paid paternity days through collective agreements or company policy. Dismissal protection applies to fathers from the point of application for Elternzeit under BEEG §18.

Adoption and Surrogacy Leave

Adoptive and foster parents are explicitly eligible for Elterngeld under BEEG §1(3). The entitlement clock starts from the Haushaltsaufnahme, the date the child enters the household, not the birth date.

Financial rates match those for biological parents: 67% of pre-adoption net income, between $349 (€300) and $2,093 (€1,800) per month, for up to 14 months. Parents who choose ElterngeldPlus can extend this to 28 months. Leave must be completed before the child's eighth birthday.

Required documentation includes the adoption order and the confirmed Haushaltsaufnahme date.

Surrogacy has no specific leave statute in Germany. Surrogacy itself is legally prohibited under German law, so no statutory entitlement exists in this area.

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Bereavement Leave

Germany has no standalone federal statute for bereavement leave. Most entitlements come from collective bargaining agreements (Tarifvertrag), particularly in the public sector, which typically provide two days of paid leave upon the death of a close relative.

Close relatives are generally defined as a spouse or partner, parent, child, or sibling under common Tarifvertrag definitions. In non-unionised workplaces, bereavement leave is at employer discretion.

BGB §616 may also apply, covering short-term personal impediments that include bereavement situations. Employers should document their bereavement leave policy in employment contracts or works agreements to avoid ambiguity.

Other Leave Types

Germany provides several additional leave categories beyond the core entitlements. Each is governed by its own statute and applies under specific conditions.

Carer's leave (Pflegezeit): Under the Pflegezeitgesetz (PflegeZG), employees may take up to 10 days of short-term unpaid leave for acute care emergencies. In companies with 15 or more employees, up to six months of unpaid Pflegezeit is available for full-time care of a close relative. Dismissal protection applies from the time of notification, and 10 working days notice is required.

Familienpflegezeit: The Familienpflegezeitgesetz (FPfZG) allows up to 24 months of reduced working hours, with a minimum of 15 hours per week, in companies with 25 or more employees. Dismissal protection applies throughout this period.

Parental leave splitting (Zeitabschnitte): Under BEEG §16(1), each parent may divide the three-year parental leave entitlement into up to three separate periods. Employers may refuse a third segment falling between the child's third and eighth birthday for urgent operational reasons (dringende betriebliche Gründe). A 13-week notice period is required for segments taken after the child's third birthday.

ElterngeldPlus: This option extends parental allowance to 24 to 28 months at half the Basiselterngeld rate. A Partnership Bonus is available when both parents work 25 to 30 hours per week simultaneously.

Force majeure and urgent family leave: BGB §616 provides three to five days of paid leave for unforeseeable urgent family matters. This entitlement can be modified or excluded by contract or collective agreement.

State or Regional Variations in Leave Entitlements

Annual leave minimums in Germany are set by federal law and apply uniformly across all states. Public holidays, however, vary significantly by state, ranging from 10 to 13 days per year.

Bavaria observes the most public holidays at 13. Hamburg and Bremen observe the fewest at 10. Multi-state employers must apply state-specific holiday calendars for accurate payroll and staffing. Some states observe unique holidays not recognized elsewhere, such as Fronleichnam in Catholic-majority states and Reformationstag in Protestant-majority states.

Managing these variations across locations requires consistent tracking. Gloroots EOR services support local execution with centralized governance across German states.

Carry-Forward and Leave Encashment Rules

Under BUrlG §7(3), unused statutory annual leave must be taken by 31 December of the same year. In limited cases, it may carry over to 31 March of the following year.

A 2023 ECJ-driven reform extended this significantly. If an employer failed to properly notify an employee of their leave entitlement and the risk of forfeiture, unused leave can carry over for up to three years. This places a direct obligation on employers: they must actively inform employees of their entitlement and encourage them to take it.

Parental leave (Elternzeit) creates additional rules. Under BEEG §17(2), leave accrued before Elternzeit does not lapse and can be taken after the employee returns. Under BEEG §17(1), employers may reduce annual leave by one-twelfth for each full calendar month of Elternzeit taken.

There is no statutory right to leave encashment during active employment. Employees cannot receive a cash payment in lieu of leave while still employed. On termination, any unused leave that could not be taken must be compensated in cash, calculated using the average earnings formula under BUrlG §11.

For a comparison with how carry-forward and encashment rules work in another jurisdiction, see the leave policy in Canada.

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Best Practices for Managing Leave Compliantly in Germany

Compliant leave management in Germany requires attention to state-level variation, documentation standards, and employee notification obligations.

• Apply state-specific public holiday calendars. Bavaria observes 13 public holidays; Hamburg observes 10. Use the correct calendar for each employee's work location when calculating payroll and scheduling.

• Notify employees of leave balances before year-end. Under a 2023 ECJ ruling, employers who fail to actively inform employees of their remaining annual leave and the risk of forfeiture lose the right to let that leave expire. Carry-over rights can extend up to three years in such cases.

• Maintain written records of all leave activity. Keep documentation of leave requests, approvals, and medical certificates. Retrieve and retain eAU electronic sick certificates from the health insurer portal as required from 2023 onward.

• Consider offering leave above the statutory floor. The 20-day minimum is a baseline. Many collective agreements set 25 to 30 days. Enhanced bereavement leave and discretionary casual days support talent retention in a competitive market. Working with a best employer of record partner helps align your policy with collective agreement norms.

Managing Leave Policy in Germany with Gloroots

Germany's leave framework spans at least seven federal statutes, with overlapping entitlements, 16 state-specific public holiday calendars, and post-2023 ECJ notification obligations. For foreign employers without a German legal entity, this creates real compliance exposure.

Gloroots provides entity-free employment in Germany through its Global Employer of Record (EOR) service. The platform tracks statutory leave balances across annual, sick, parental, and carer's leave categories. It applies the correct state-level public holiday calendar for each employee's location and integrates payroll handling for Elterngeld periods.

Gloroots also supports the eAU electronic sick certificate retrieval workflow, so employers receive verified incapacity records directly without manual follow-up. Workforce Visibility and Reporting gives HR and Finance teams audit-ready leave records at any point in the year.

For employers evaluating the cost of running employment in Germany, Gloroots offers predictable, country-specific pricing with no hidden entity fees. Local execution is managed by Gloroots; governance stays centralized with your team.

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Frequently Asked Questions About Leave Policy in Germany

How many days of annual leave are employees entitled to in Germany?

The statutory minimum under the Bundesurlaubsgesetz (BUrlG) is 20 working days per year for a 5-day week and 24 days for a 6-day week.

Full entitlement accrues only after a 6-month waiting period, known as the Wartezeit. Before that point, employees earn one-twelfth of their annual entitlement for each full month worked. Many collective agreements extend the statutory floor to between 25 and 30 days.

How many public holidays does Germany have?

Germany has 9 nationwide public holidays. The total per federal state ranges from 10 in Hamburg and Bremen to 13 in Bavaria, depending on regional religious and cultural observances.

Employers with staff across multiple states must apply each state's specific holiday calendar for payroll and scheduling purposes.

Does Germany have statutory paternity leave?

Germany has no standalone statutory paternity leave. Fathers access parental leave (Elternzeit) under the Bundeselterngeld- und Elternzeitgesetz (BEEG) on the same terms as mothers.

Fathers who take Elternzeit are eligible for Elterngeld, the parental allowance paid at 65 to 67 percent of pre-birth net income, between $349 (300 EUR) and $2,093 (1,800 EUR) per month, for up to 14 months when both parents share leave.

Can unused annual leave be carried forward in Germany?

Under BUrlG §7(3), unused statutory leave must generally be taken by 31 December or by 31 March of the following year at the latest. Leave not taken by that deadline normally lapses.

Since 2023, following ECJ case law, employees can carry over leave for up to three years if the employer failed to actively notify them of their entitlement and the risk of forfeiture.

How does sick leave pay work in Germany?

Employees who have worked for at least four weeks receive 100% of their regular salary for up to six weeks of sick leave, paid by the employer under the Entgeltfortzahlungsgesetz (EFZG).

After six weeks, the statutory health insurance fund pays Krankengeld at 70% of gross salary, capped at 90% of net salary, for up to 78 weeks within a three-year period for the same illness.

What financial support is available during parental leave in Germany?

Parents on Elternzeit receive Elterngeld under the BEEG. Basiselterngeld pays 65 to 67% of pre-birth net income, between $349 (€300) and $2,093 (€1,800) per month, for 12 months. If both parents share leave, the period extends to 14 months.

ElterngeldPlus extends support to 24 to 28 months at half the Basiselterngeld rate, letting parents combine part-time work with reduced allowance payments.

What carer's leave rights do employees have in Germany?

Under the Pflegezeitgesetz (PflegeZG), employees can take up to 10 days of unpaid leave for acute care emergencies. In companies with 15 or more employees, up to six months of unpaid Pflegezeit is available for full-time care of a close relative.

The Familienpflegezeitgesetz (FPfZG) allows up to 24 months of reduced working hours, with a minimum of 15 hours per week, in companies with more than 25 employees. Dismissal protection applies from the time of notification in both cases.