- Written by Nina Jerzy
- Approximately 3 minutes to read
Leave allowances granted for matrimonial, mortuary, and health occasions - Leave specific to marriage, demise, and illness is in question.
When it comes to special leave, people usually think of tragic incidents like the death of a loved one. Yet, this paid time off work is not always about sorrow – it's also for joyous occasions or routine appointments, without dipping into valuable vacation days. Unsurprisingly, there's no upper limit on the number of days one can be paid to stay away from work.
But as lawyer Till Bender from DGB Rechtsschutz GmbH explains, special leave can get complex. "Special leave is granted by law for significant family events and personal misfortunes. In such instances, special leave is paid," he says. However, certain details could be excluded by collective bargaining agreements or employment contracts. Detailed handling of special leave may also be regulated in works agreements, when no such guidelines are available, the legal claim applies.
When Can I Take Special Leave?
According to Bender, special leave has been derived from court rulings for the following scenarios:
- Your own wedding
- Weddings of children or parents
- Golden wedding anniversary of parents
- Delivery of your child
- Funerals of close family members
- Medical appointments
- Burglaries
- Fires
- Traffic accidents without fault
The duration of special leave depends on the reason behind it. "For a medical appointment, only a few hours off might be necessary," Bender says. "For family events, the exemption is usually for the day of the event, not just the ceremony itself." Generally, the maximum leave is about 7 to 10 days per situation, according to the trade union lawyer.
Employees can also take special leave if they're caring for a sick child or a dependent relative. Bender advises utilizing special leave prior to receiving child sickness benefit. As full salary is paid during special leave, while child sickness benefit is usually 90% of wages, capped at €120.75, and up to 15 days per year per parent are covered by health insurance. Single parents can claim a maximum of 30 days.
Special leave is also possible for some voluntary activities. Bender suggests investigating possible exemptions for individuals who are committed to charitable, family, or civic causes. Other instances where special leave might apply include educational leave, job applications, and prayers. Each case is unique.
Applying for Special Leave
Timeliness is crucial when applying for special leave. As early notice as possible helps the employer plan and arrange for a replacement if needed. In case of unexpected emergencies like fires or accidents, a phone call is usually sufficient, according to Bender. "However, it should happen as soon as possible to prevent misunderstandings," the expert advises.
For medical appointments, informing the employer or presenting an appointment card is generally enough, Bender shares. If the boss appears suspicious, a medical certificate or a letter from the doctor may be necessary. Employers are not allowed to demand that employees find a doctor outside of normal operating hours. "What doctor the employee chooses is their own business," the expert emphasizes.
Proof might be required if an employee missed work due to an unavoidable traffic accident. Employers have the right to request police records or correspondence with the insurance. If the employee is at fault, the wages already paid could be recovered. However, many companies do not follow this practice.
Unlike sick leave, special leave has no set duration. "An employer can't say, 'You got married and your father died, so I won't give you leave for your sister's wedding!'" explains Bender.
- Special Leave
- Employer
- Medical Appointments
- Family Occasions
- Personal Circumstances
- Voluntary Activities
- Special leave can be taken for joyous occasions such as one's own wedding or the golden wedding anniversary of parents, as well as for medical appointments and routine family events.
- In order to take special leave for a medical appointment, informing the employer or presenting an appointment card is usually sufficient, but a medical certificate or letter from the doctor may be necessary if the employer appears suspicious.
- Employees can use special leave to care for a sick child or dependent relative, and it is advised to use special leave prior to receiving child sickness benefit for better financial benefits.
- For voluntary activities, employees may be able to find exemptions if they are committed to charitable, family, or civic causes, and employers should be contacted as early as possible when applying for special leave.
