Vacation
"Tough luck, your holiday days are gone."
You fall ill during your holiday — the company deducts the days from your holiday account anyway.
§ 9 BUrlG
The boss may NOT do that
No! Sick days do not count as holiday!
If an employee/trainee becomes unable to work due to illness during their holiday, the days of incapacity proven by a medical certificate are NOT credited against the annual holiday (§ 9 BUrlG). You only have to: 1) report sick immediately (even from holiday), 2) submit a certificate of incapacity for work — even if issued abroad. The holiday days are then owed to you again later.
What the law says
§ 9 BUrlG – Illness during the holiday
If an employee falls ill during their holiday, the days of incapacity for work proven by a medical certificate are not credited against the annual holiday.
What you can do
- Get a certificate of incapacity for work from the doctor immediately — even abroad (translation optional but helpful).
- Send the sick note to the employer immediately (an email with the certificate is enough).
- You do NOT have to return early from your holiday.
- Holiday days are credited back for the sick days — apply for them again.
Email template for your trainer
Subject: Illness during holiday — non-crediting
Dear [name of trainer],
I was on holiday from [date] to [date]. During this time I was unable to work due to illness from [date] to [date]; the certificate of incapacity for work is attached.
Under § 9 BUrlG, these [X] sick days are not credited against my annual holiday. I kindly ask for a corresponding credit to my holiday account.
Kind regards
[Your name]
More cases: Vacation
- Your holiday is cancelled!
- You take holiday when I say!
- You only get 20 days' holiday, you don't need more.
- You take a week off at most!
- No vacation until after probation.
- Just take vacation on your school day.
- Your remaining leave expires on 31 December.
- Forget your remaining leave at the end of the training.
- You have to take vacation for the funeral.
- Educational leave? Not for trainees.