- Special leave: This is how paid days off are given to employees
Special Leave (Sonderurlaub) often brings to mind dramatic events like the death of a close family member. However, this paid leave from work is also granted for joyful occasions or mundane appointments - without the affected person having to sacrifice valuable vacation days. Moreover, there's no upper limit on how many days one can be paid to stay away from work each year. Unlike statutorily regulated vacation, special leave can become complex, warns a lawyer.
The legislator has made provisions for this topic as well. "Special leave is provided by law for special family events and personal misfortunes. In these cases, special leave is paid," explains Till Bender from DGB Rechtsschutz GmbH. However, this legal regulation can be excluded by collective bargaining or employment contract. The handling of special leave can also be regulated in works agreements. If such guidelines are lacking, the legal claim applies, according to the lawyer.
When is special leave possible?
According to Bender, the following scenarios for special leave can arise from court rulings:
- own wedding
- wedding of children or parents
- golden wedding anniversary of parents
- wife's childbirth
- burials within the immediate family
- doctor's appointment
- burglary
- fire
- uninsured traffic accident
The duration of special leave depends on the reason. "For a doctor's appointment, it might suffice to be released for just a few hours," says Bender. "For family events, the release is usually for the day of the event, not just the ceremony itself." The upper limit per case is around seven to ten days, according to the trade union lawyer.
Special leave is also available to employees who care for a sick child or a dependent relative. If parents in their workplace have a claim to special leave, Bender advises using this before receiving child sickness benefit. This is because full salary is paid for special leave. Child sickness benefit is usually 90% of wages, capped at 120.75 euros (equivalent to a monthly wage of around 3000 euros). Moreover, employees can claim a maximum of 15 days per year per parent, or 30 days for single parents, from their health insurance.
The Care Time Act grants employees up to ten days of paid special leave to care for a dependent relative in an acute situation. According to Bender, close relatives include:
- grandparents, parents, in-laws, step-parents
- spouses, partners, and their siblings, siblings, and their spouses
- grandchildren, as well as children, adopted or foster children (own or partner's).
Special leave is also possible for some voluntary activities. "For people who are strongly involved either for charitable-family reasons or due to other engagement for society, it's definitely worth informing about possible release," emphasizes Bender. Paid releases are also possible for educational leave, voluntary activities, civic duties, job applications (if the employment relationship is terminated), or prayers. However, this can depend on the individual case.
Applying for Special Leave
Regarding the request for special leave, the lawyer advises informing the employer as early as possible, allowing them to arrange a replacement if necessary. In case of unforeseen events like a fire or accident, a phone call is usually sufficient, according to Bender. "However, it should be made as soon as possible to allow the employer to plan. It also helps avoid misunderstandings."
For a doctor's appointment, Bender suggests simply informing the employer or presenting a practice appointment card. However, for suspicious bosses, a medical certificate or a letter from the doctor might be required. According to the lawyer, supervisors cannot demand that the employee find another doctor who offers evening appointments. "Which doctor the employee visits is their own business," emphasizes the expert.
Proof may also be required if an employee has been absent due to an unavoidable traffic accident. The employer has the right to request police documents or correspondence with the insurance company, according to the expert. If the employee caused the accident, the already paid wages can be recovered. However, many companies do not bother with this.
Unlike sick leave, special leave is not generally limited in duration. "The employer cannot say: You got married this year and your father passed away, so I won't grant leave for your daughter's wedding!" explains Bender.
In addition to the scenarios mentioned, special leave can also be taken for the marriage of a same-sex partner, as marriage equality is now recognized legally in many countries.
Furthermore, if an employee needs to attend a court hearing as a witness or a defendant due to personal matters, they are entitled to take special leave to do so.
