Vacation planning: what is the legal basis?

How many vacation days am I entitled to?

All salaried employees at the university have 30 vacation days (based on a 5-day workweek), as do trainees. Student and scientific assistants who are not employed under a collective agreement are subject to the federal act on holidays (Bundesurlaubsgesetz) with only 24 days vacation (based on a 6-day workweek).

Can I take a vacation whenever I want to?

Here is an excerpt from the federal act on holidays (Bundesurlaubsgesetz, BUrlG) about the timing of vacation (BUrlG § 7):

"(1) When determining the timing of vacation, the vacation wishes of the employee shall be taken into account, unless their accommodation is precluded by urgent operational requirements or the vacation wishes of other employees who merit priority on social grounds. Vacation is to be granted if the employee requests it following a measure of medical prevention or rehabilitation.

(2) Vacation shall be granted contiguously, unless urgent operational reasons or reasons relating to the employee make it necessary to split the vacation. If vacation cannot be granted contiguously for these reasons, and if the employee is entitled to more than 12 vacation days, one of the vacation periods must comprise at least 12 consecutive workdays." (Translation not legally binding)

Thus, you can generally take a vacation at any time. However, restrictions are possible, e.g, in some departments it is necessary to consult with colleagues, or it is possible that urgent operational requirements conflict with the vacation timing. It should also be noted, however, that the employee's wishes come first. These are the basis for any subsequent discussion of potential conflicting urgent operational requirements. The ongoing semester does NOT fall under "urgent operational requirements". This term is very narrowly defined and refers to the absolute indispensability of individual employees for a very specific, short-term task that can only be performed at that particular time.

Since this is rarely the case, you should contact the staff council in case of problems with vacation planning or a rejected vacation request. We all become ever more indispensable by the increasing intensity of work, but that is precisely why we need our respite vacation at times that are important to us and that fit into our life plans.

When does my vacation expire?

The collective agreement for public service employees of the German Länder (TV-L) contains a protocol declaration to §26 (2) for universities, stating that if vacation is transferred, it must be taken in full by September 30 of the following year. However, if the vacation is only commenced before September 30 of the following year, there is a risk of forfeiture of vacation days not taken yet. This regulation is analogously valid for civil servants.

However, this regulation does not apply to student and academic assistants, as they are not covered by collective agreements. The statute of limitations of the federal act on holidays (Bundesurlaubsgesetz) thus applies to them: The remaining vacations days from the previous year are forfeited if they are not taken by March 31 of the following year.

Entitlement to vacation after prolonged illness

However, for all employees and assistants who were unable to take their vacation due to prolonged sick leave, the entitlement to vacation does not expire until 15 months after the end of the respective holiday year (BAG ruling dated September 18, 2012 - 9 AZR 623/10).

The vacation request and its rejection

A vacation request submitted in writing (or digitally for flextime employees) is approved by university management. If an employee's request for vacation is rejected, the supervisor must provide the work-related reason in writing. If you are denied vacation and no agreement can be reached with university management is possible, please contact the staff council. According to § 79 (4), LPVG (state staff representation act), the staff council is involved in codetermination and will seek a solution with those affected.

What if I get sick while on vacation?

If an employee falls ill during vacation, the sick days, as documented by a doctors' attestation, are not deducted from the annual vacation.

What if I only started working at the university this year or I leave before the end of the year?

Employees are entitled to one twelfth of the annual vacation for each full month of employment. For example, if you were toFor example, if you started working on June 1, you will receive 30 : 12 x 7 = 17.5 or rather 18 days of vacation for this year, since fractions of vacation days that add up to at least half a day are rounded up to full vacation days.


If vacation days can no longer be taken in full or in part due to the end of a work contract, they must be compensated (i.e., paid). If too much vacation was granted, however, no money can be reclaimed (see also § 7 BurlG, § 40 TV-L).

Updated: 06/2020