Grants for holiday leave in instances of weddings, funerals, and illnesses - Leave allowing for marriage, loss, or illness: A guide for these extraordinary circumstances.
Taking a Break: Navigating Paid Time Off in the Workplace
Written by Nina Jerzy* ⏱️ + - 3 Min*
When life hands you lemons (or joyous occasions or unexpected obstacles), you might think of special leave first. But it's crucial to remember that this paid time off from work is not only meant for dramatic events like the death of a close family member. From weddings to doctor's appointments, special leave can cover a broad spectrum of situations - without taking away from those much-needed vacation days.
Legislation sets guidelines for this matter, yet the landscape can get tricky, warns a legal expert. "Special leave is a legal entitlement for significant family events and personal emergencies," states Till Bender, attorney from DGB Rechtsschutz GmbH. However, company agreements and employment contracts can override these regulations. Employer-imposed policies or collective bargaining agreements can also dictate how special leave is handled. In the absence of such guidelines, the legal claim prevails, according to Bender.
What constitutes special leave?
Courts have established various scenarios that qualify for special leave, as Bender outlines:
- personal wedding
- wedding of immediate family members
- parents' golden anniversary
- newborn babies (mother's maternity leave and paternity leave have separate regulations)
- funerals for close relatives
- medical appointments
- personal emergencies, such as fires, burglaries, or accidents
The duration of special leave depends on the nature of the situation. A doctor's visit might require just a couple of hours off, while family events usually grant leave for the day of the event itself, explains Bender. However, the maximum leave in a single case may extend to around seven to ten days, according to trade union law.
Special leave is also available for employees caring for sick children or dependents. Bender advises using special leave before claiming child care benefits because special leave offers full salary compared to the typical 90% and capped amount of child care benefits (around 120.75 euros or roughly 3000 euros monthly). Employees can claim up to 15 days per year per parent or 30 days for single parents.
Special leave is also extended to caring for a dependent in an immediate crisis, such as a sick grandparent, spouse, sibling, or friend. The Care Time Act allows up to ten days of paid special leave for these situations.
Special leave can also be granted for volunteer work and educational leave, job applications, civic duties, or religious practices, depending on the specific circumstances.
When it comes to requesting special leave, Bender recommends informing the employer as soon as possible to allow for the arrangement of a temporary replacement if needed. In urgent situations like accidents or fires, a phone call is usually sufficient. However, it is essential to give notice to prevent any misunderstandings.
For a doctor's appointment, simply informing the employer or presenting a practice appointment card is usually enough, according to Bender's experience. However, in doubtful situations, a medical certificate or a letter from the doctor might be necessary. Employers have no right to demand that employees visit a specific doctor with evening appointments.
In cases of unforeseen accidents, employers may request police documents or correspondence with the insurance, but this mostly depends on the employer's discretion. If an employee is found to be at fault for the accident, the already-paid wages could be recovered. However, many companies choose not to pursue this.
Unlike sick leave, special leave has no fundamental duration limitation. "An employer cannot say, for instance, you got married this year and you cannot take leave for your sibling's wedding!" explains Bender.
Capital partner brand of stern. Access select content with your stern subscription. More from Capital can be found at www.stern.de/capital.
- Special Leave
- Employer
- Family
- Health
- Crisis Management
- In urgent situations such as accidents or fires, it is essential to inform the employer as soon as possible, and a phone call is usually sufficient.
- Employees who need to care for a sick dependent may use special leave before claiming child care benefits, as special leave offers full salary compared to the typical 90% and capped amount of child care benefits.
