Vacation
"You have to take vacation for the funeral."
A special occasion — a death, your own wedding, a birth — and you are told to use leave.
§ 19 Abs. 1 Nr. 2 BBiG / § 616 BGB / § 25 BBiG
The boss may NOT do that
For important personal reasons you get paid time off — as a trainee, guaranteed.
If you are prevented from working through no fault of your own for a reason relating to you personally, your pay must continue for a relatively short time. For trainees this is written in § 19 (1) no. 2 BBiG — and because deviations to your disadvantage are void (§ 25 BBiG), the training contract cannot exclude it (in normal employment contracts § 616 BGB can partly be excluded). Recognised occasions include the death of close relatives, your own wedding, the birth of your own child, a summons to court or an authority. A private house move usually does not count. How many days depends on the occasion; collective agreements often give concrete numbers (usually 1–2 days).
What the law says
§ 19 (1) no. 2 BBiG – Continued pay
Pay continues for up to six weeks if trainees are prevented through no fault of their own, for another reason relating to them personally, from fulfilling their duties.
§ 25 BBiG – Mandatory
An agreement deviating from these provisions to the trainee's disadvantage is void.
§ 616 BGB – Temporary prevention
The right to pay remains if the person is prevented from working for a relatively insignificant time for a reason relating to them personally and through no fault of their own.
What you can do
- Let them know as early as possible what it is about and how long you will be away.
- Provide proof if requested (e.g. death notice, marriage certificate).
- Check the collective or training contract: it often lists fixed days per occasion.
- If you are still told to take leave for it, object in writing.
Email template for your trainer
Subject: Time off for [occasion] on [date]
Dear [name of trainer],
because of [occasion, e.g. my grandmother's funeral] I cannot be at work on [date].
For this I request paid time off under § 19 (1) no. 2 BBiG; it is not meant to be deducted from my annual leave. I am happy to provide proof.
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.
- Tough luck, your holiday days are gone.
- 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.
- Educational leave? Not for trainees.