Vacation
"No vacation until after probation."
You are new at the company and want to take a few days off in the first months.
§ 4 BUrlG / § 5 BUrlG
It depends …
The full entitlement comes after 6 months — vacation before then is still possible.
You acquire your full annual leave after six months at the company (waiting period, § 4 BUrlG). During that time the company does not have to grant leave, but it may, and many do. This has nothing to do with probation, which is often shorter (1–4 months). Important: if you start in the middle of the year, you are entitled to a pro-rata share in the first year — one twelfth per full month if you no longer complete the waiting period that year (§ 5 BUrlG). If the training ends earlier, untaken leave is paid out.
What the law says
§ 4 BUrlG – Waiting period
The full leave entitlement is first acquired after the employment relationship has existed for six months.
§ 5 (1) BUrlG – Partial leave
There is an entitlement to one twelfth of the annual leave for each full month, among other things for periods in which no full entitlement arises because the waiting period is not met.
What you can do
- Just ask — many companies grant leave in the first months.
- Calculate your first-year entitlement pro rata (one twelfth per full month).
- Under 18, a higher minimum leave applies (see "How much vacation").
- Get approved leave confirmed in writing.
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!
- 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.