Vacation in Germany: Employee Rights, Day Calculation and Compensation

Paid vacation in Germany is not limited to full-time employees. Part-time workers, mini-job employees, and people with other schedules are also entitled to time off if they work under an employment contract. The key is to count working days per week rather than hours, and to distinguish the statutory minimum from additional days granted by a contract or collective agreement.

Not knowing the rules often costs money: someone may not take sick leave while on vacation, may fail to check compensation when leaving a job, or may accept too little vacation while working part-time. Below are the basic rules that help you understand what to check in your contract and when it may be worth challenging your employer.

The statutory minimum vacation entitlement

The main vacation law is the Bundesurlaubsgesetz, abbreviated as BUrlG. It sets a minimum paid vacation entitlement of 24 working days per year for a six-day working week. For a standard five-day week, this corresponds to 20 working days, or four weeks of vacation.

An employer can grant more: for example, 25, 28, or 30 days. This is often set out in an employment contract, a Tarifvertrag, or a Betriebsvereinbarung. However, the statutory minimum cannot be reduced for a regular employee.

It is important to distinguish between two concepts:

Werktage — working days as defined by the BUrlG, usually Monday through Saturday;
Arbeitstage — the days on which a particular employee is actually required to work according to their schedule.

This is why the minimum vacation entitlement for a five-day week is usually calculated as 20 Arbeitstage, while for a six-day week it is 24 Werktage.

Underage employees

For young people, not only the BUrlG but also the Jugendarbeitsschutzgesetz applies. The minimum vacation entitlement is higher and depends on their age at the beginning of the calendar year:

under 16 years old — at least 30 working days;
under 17 years old — at least 27 working days;
under 18 years old — at least 25 working days.

These figures refer to Werktage. If a young person has a different workweek, the calculation must be adjusted to their actual working days.

Part-time work and mini-jobs: vacation is still owed

Part-time employment does not cancel vacation entitlement. The calculation is usually based on how many days per week a person works, rather than how many hours a shift lasts.

A simple formula for a five-day week is:

20 days / 5 working days × your working days per week = minimum annual vacation entitlement.

Examples:

Schedule	Minimum vacation entitlement
1 day per week	4 days per year
2 days per week	8 days per year
3 days per week	12 days per year
4 days per week	16 days per year
5 days per week	20 days per year

If you work three days a week for two hours each day, your minimum vacation entitlement is calculated as for three working days per week. The number of hours affects pay, but it does not turn vacation into a token benefit.

When the right to full vacation arises

The full annual vacation entitlement first arises after six months of uninterrupted employment with the employer. This is called the Wartezeit. Before that period ends, you usually accrue proportional Teilurlaub — a portion of vacation for full months worked.

In practice, many companies allow employees to take vacation earlier, especially if it is agreed with the manager and does not disrupt work. When starting a job, it is therefore worth checking right away:

how many vacation days are stated in the contract;
how the company handles vacation in the first year;
whether there are rules for carrying vacation over;
whether a Tarifvertrag or internal agreement applies.

Can an employer refuse vacation

An employer must take an employee’s preferred vacation dates into account. They cannot refuse arbitrarily, but only for compelling reasons: for example, urgent operational circumstances or because other employees have priority social reasons for the same dates.

Phrases such as “we do not do that here” or “you have not earned it yet” do not in themselves justify a refusal. It is better to request the decision in writing or at least keep a record of the correspondence. If vacation is regularly blocked without a clear reason, consider contacting the Betriebsrat, a trade union, an employment-law advice service, or a lawyer.

Vacation when leaving a job

When an employment relationship ends, check how much vacation has already been used and how much remains. If vacation cannot be taken before the last working day, unused days must be compensated financially. This is called Urlaubsabgeltung.

The date of termination, months worked, contractual vacation entitlement, and whether the six-month Wartezeit has been completed are all important for the calculation.

If employment ends in the first half of the year

If employment ends on or before 30 June, vacation is usually calculated proportionally: one twelfth of the annual entitlement for each full month worked in the current year.

Example: with a minimum entitlement of 20 days for a five-day week, four full months give 20 / 12 × 4 = 6.67 days. Rounding depends on the specific situation and applicable rules; fractions of half a day or more are usually rounded up to a whole day.

If employment ends in the second half of the year

If an employee has already completed the Wartezeit and the employment relationship ends after 30 June, the BUrlG may give them the right to the full statutory minimum vacation entitlement for the year. However, separate rules may apply to contractual vacation above the minimum: an employment contract or Tarifvertrag may provide for proportional additional days.

When leaving a job, it is therefore important to check not only the final amount on the payslip but also the basis of the calculation: the statutory minimum, additional contractual days, and vacation already taken.

If you become ill during vacation

Sick days should not be deducted as vacation days if the incapacity for work is certified by a doctor. You should act in the same way as when you are ill during normal working time:

See a doctor and obtain a certificate of incapacity for work.
Inform your employer about the illness immediately.
Submit documents according to the procedure used by the company.
Do not extend your vacation yourself without agreeing new dates.

If you become ill while on vacation abroad, you also need a medical certificate. The sooner you inform your employer, the lower the risk of a dispute about restoring days to your vacation balance.

What to check in your contract

Before vacation or termination of employment, it is useful to review your contract and recent payslips. Check:

how many vacation days are stated in the contract;
whether vacation is calculated based on a five-day week, six-day week, or an individual schedule;
whether there is a Tarifvertrag or Betriebsvereinbarung;
how many days have already been used;
how the company records illness during vacation;
what the contract says about carrying vacation over and extra days above the minimum.

If the figures in the HR system do not match the contract or the calculation seems odd, ask in writing. In employment disputes, documents and correspondence matter more than verbal promises.

Common mistakes

Assuming that a mini-job does not entitle you to vacation.
Focusing on hours rather than working days per week.
Not taking sick leave during vacation.
Not checking Urlaubsabgeltung when leaving a job.
Believing a verbal refusal without a written explanation.
Confusing the statutory minimum with additional contractual days.

Brief conclusion

In Germany, vacation is not a gift from an employer but a legal right of the employee. The minimum for a five-day workweek is 20 working days, part-time work and mini-jobs give a proportional vacation entitlement, and illness during time off may restore days to your balance. When leaving a job, unused vacation should be checked separately in the final settlement.