Employees are not only paid during their holidays. They also receive a salary for special leave. This can be particularly worthwhile for parents or carers – if the company plays along.
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When people think of special leave, they first think of dramatic events such as the death of a close relative. But this paid time off from work is also granted for happy occasions or mundane appointments – without the person concerned having to sacrifice valuable vacation days. In addition, there is no upper limit to how many days per year you can be away from work for pay. In contrast to statutory vacation, however, special leave can be complicated, warns a lawyer.
The legislature has also set guidelines on this topic. “Special leave is available under the law for special family events and personal misfortunes. In these cases, the special leave is paid,” explains Till Bender from DGB Rechtsschutz GmbH. However, the legal regulation can be excluded by collective bargaining or employment contracts. The handling of special leave can also be regulated in company agreements. If such guidelines are lacking, the legal entitlement applies, according to the lawyer.
When is special leave possible?
According to Bender, court rulings result in the following scenarios for special leave, among others:
- own wedding
- Wedding of children or parents
- Parents’ golden wedding anniversary
- childbirth of the wife
- Funerals in close family circles
- Doctor’s visit
- Burglary
- fire
- traffic accident through no fault of your own
How long the special leave lasts depends on the occasion. “For a doctor’s visit, it should be enough to be given just a few hours off,” says Bender. “For family events, the leave is usually for the day of the event and not just the ceremony itself.” The union lawyer sees the maximum limit per case at around seven to ten days.
Special leave is also available for employees who are looking after a sick child or a relative in need of care. If parents are entitled to special leave in their company, Bender advises using this first before claiming child sickness benefit. This is because special leave means that the full salary is paid. Child sickness benefit, on the other hand, normally amounts to 90 percent of the salary and is capped at 120.75 euros (which corresponds to a monthly salary of around 3,000 euros). In addition, employees can only claim a maximum of 15 days per year from the health insurance company per parent, or 30 days for single parents.
The Care Leave Act grants employees up to ten days of paid special leave to care for a close relative in need of care in an acute situation. According to Bender, close relatives include, among others:
- Grandparents, parents, parents-in-law, stepparents
- Spouses, life partners and their siblings, siblings and their spouses
- Grandchildren as well as children, adopted or foster children (your own or your partner’s).
Special leave is also possible for some voluntary activities. “For people who are heavily involved in society, either for charitable or family reasons or because of other commitments, it is definitely worth finding out about possible leave of absence,” emphasizes Bender. Paid leave of absence is also possible for educational leave, voluntary work, civic duties, applications (if the employment relationship has been terminated) or prayers. However, this depends partly on the individual case.
Apply for special leave
As far as the application for special leave is concerned, the lawyer advises informing the employer as early as possible so that they can organize a replacement if necessary. In the case of unforeseen events such as a fire or an accident, a phone call should usually be sufficient, says Bender. “But it must be made as quickly as possible so that the employer can plan. It also avoids irritation.”
In Bender’s experience, it is usually sufficient to inform the employer or present an appointment card from the practice when making a doctor’s appointment. If the boss is suspicious, a medical certificate or a letter from the doctor in question may have to be submitted. According to the lawyer, however, superiors are not allowed to demand that the employee find another doctor who offers appointments after work. “Which doctor the employee visits is his or her own business,” the expert emphasizes.
Proof may also be necessary if the employee was absent from work due to a traffic accident that was not their fault. According to the expert, the employer has the right to request documents from the police or correspondence with the insurance company. If the employee did cause the accident, the compensation already paid can be reclaimed. However, many companies do not go to this trouble.
Unlike the need for rest, the length of special leave is generally not limited. “The employer cannot, for example, say: You got married this year and your father died, so I won’t give you time off for his daughter’s wedding!” explains Bender.
Source: Stern
