Vacation
"Forget your remaining leave at the end of the training."
The training is ending, you still have leave left and are not being kept on.
§ 7 Abs. 4 BUrlG
The boss may NOT do that
What you can no longer take must be paid out.
If leave can no longer be taken in full or in part because the training or employment relationship ends, it must be paid out (§ 7 (4) BUrlG). Ideally you take it before the end — but if that was not possible, e.g. because of exams or because the training ends earlier when you pass, you are entitled to payment. It is calculated on the basis of your average earnings over the last 13 weeks (§ 11 BUrlG). If you are kept on, on the other hand, the leave carries over into the new employment.
What the law says
§ 7 (4) BUrlG – Payment in lieu
If leave can no longer be granted in full or in part because the employment ends, it must be paid out.
§ 11 BUrlG – Holiday pay
Holiday pay is based on the average earnings of the last thirteen weeks before the leave begins.
What you can do
- Plan remaining leave early, but keep exam dates in mind.
- The training ends when you pass the final exam — even before the contract end date.
- Check your last payslip for the leave payment.
- Watch the cut-off periods in your contract: claim promptly in writing.
Email template for your trainer
Subject: Payment for my remaining leave
Dear [name of trainer],
my training relationship ends on [date]. At that point I still have [number] days of leave that I can no longer take because of [reason].
Under § 7 (4) BUrlG these days must be paid out. Please pay them with my final payslip.
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.
- You have to take vacation for the funeral.
- Educational leave? Not for trainees.