This applies to special leave at wedding, death and illness

On special leave, many people first think of dramatic events such as the death of a nearby relative. This paid exemption from work is also granted on joyful occasions or for profane appointments – without having to sacrifice valuable vacation days. In addition, there is no upper limit of how many days a year you can stay away from the work. In contrast to the legally securitized vacation, it can be complicated with special leave, warns a lawyer.

The legislature also set specific requirements on this topic. “According to the law, there are special leave for special family events and personal accidents. In these cases, special leave is paid,” explains Till Bender from DGB Rechtsschutz GmbH. However, the legal regulation could be excluded through tariff or employment contract. Dealing with special leave can also be regulated in company agreements. If such guidelines are missing, according to the lawyer, the legal claim applies.

According to Bender, these scenarios for special leave result from court judgments:

How long the special vacation takes depends on the occasion. “It should be enough for a visit to the doctor to be released just a few hours,” says Bender. “In the event of family events, the exemption usually takes place for the day of the event and not just the ceremony itself.” The union lawyer sees the maximum limit per case in about seven to ten days.

There are also special leave for employees who provide a sick child or a relative in need of care. If parents are entitled to special leave in their company, Bender advises to use it before the child’s health benefit is obtained. Because with special leave, the full amount is paid. Children’s health allowance, on the other hand, regularly amounts to 90 percent of the wages and is capped at 120.75 euros (this corresponds to a monthly wage of around 3000 euros). In addition, employees per year at the health insurance company per parent may claim a maximum of 15 days or 30 days for single parents.

The nursing time law grants employees up to ten days paid special leave in order to provide a need for care in an acute situation. According to Bender, the relatives are among others:

Special leave is also possible for some voluntary work. “It is definitely worth finding out about possible exemption for people who are strongly integrated either for charitable-family reasons or because of other commitments for society,” emphasizes Bender. Paid exemptions are also possible for educational leave, voluntary activities, civic duties, applications (if the employment relationship is terminated) or prayers. Here, however, it depends on the individual case.

As for the application of special leave, the lawyer advises the employer to inform the employer as early as possible so that he can organize a representation if necessary. In the event of unforeseen events such as a fire or an accident, a call should usually be sufficient, Bender says. “But he has to take place as soon as possible so that the employer can plan. It also avoids irritation.”

According to Bender’s experience, it is usually sufficient to inform the employer or to present a appointment tarte in practice. In the case of suspicious bosses, a medical certificate or a letter from the respective doctor may have to be submitted. According to the lawyer, superiors must not request that the employee seek another doctor who offers appointments at the end of the day. “Which doctor the employee visits is his matter,” emphasizes the expert.

Evidence may also be necessary if the employee lacked at work due to an unpublished traffic accident. According to the expert, the employer has the right to have documents from the police or correspondence presented with the insurance. If the employee has caused the accident, the remuneration already paid can be reclaimed. However, many companies do not make this effort.

In contrast to the need for relaxation, the length of special vacation is generally not limited. “For example, the employer cannot say: You got married this year and your father died, so I don’t free you for the wedding of his daughter!” Explains Bender.