OUTLINE
Leave policy in Germany
Maternity, paternity, and parental leave in Germany
Adoption leave in Germany
Other types of leave in Germany
Public holidays in Germany
Stay compliant with CXC
Germany paid time off
In Germany, employees’ well-being is highly valued, and as a result, the country has established a comprehensive regulation governing paid time off and leave. These regulations provide workers with a generous number of paid leave to take time off to attend to personal or family matters. By valuing employees’ need for rest and leisure, companies create a positive work environment that promotes engagement and productivity.
To remain compliant with labour laws, employers in Germany must stay informed about the specific regulations on paid leave and time off. In this guide, we will provide relevant information regarding paid time off, public holidays, sick leave, and other types of work leave to help you manage employee expectations and maintain legal compliance.
Leave policy in Germany
In Germany, the employment leave policy is governed by strict regulations designed to safeguard the rights of employees while ensuring business compliance. It’sIt is essential to understand these policies to create an attractive and top-notch benefits package for your employees.
Annual leave policy in Germany
Employees working a regular 5-day week are entitled to a minimum 20 working days of paid annual leave, while 24 working days of paid annual leave for those working a regular 6-day week, as set by the Bundesurlaubsgesetz – the Federal Holidays Act.
The leave entitlement increases with age and length of service, with some collective agreements or employment contracts offering more than the statutory minimum.
Since 2023, employees in Germany have been allowed to carry over their unused vacation days for up to three years. This exciting policy change in the annual leave (Urlaubsanspruch) entitlement means that employees can take time off when they need it without worrying about losing their unused vacation time. The specific number of Urlaubstage entitlements is typically included in the employment contract or collective agreement, depending on the industry in which they work.
In addition, many collective agreements increase the annual leave (Urlaubstage) entitlement to 30 working days, providing employees with more time off to recharge and rejuvenate. Furthermore, if the nature of an employee’s job is considered high risk, they may be entitled to additional leave beyond their standard Urlaubstage allocation.
Public holidays in Germany
There are nine national holidays that all states observe. However, public holidays vary depending on the state. In Germany, if a public holiday falls on a weekend, it is generally not carried over or compensated.
Sick days in Germany
Employees in Germany are entitled to sick leave benefits in case of illness. The duration of paid sick leave typically depends on the length of employment and is covered by statutory health insurance.
Eligible employees, defined as those who have been employed for at least four weeks before commencing sick leave, are entitled to sick pay equivalent to 100% of their regular income for a period of up to six weeks (Entgeltfortzahlung bei Krankheit oder Kur). Following the initial six-week period, the responsibility for sick pay shifts to the health insurance fund (Krankengeld). In this phase, the fund typically provides between 70% and 90% of the employee’s regular salary, determined by the individual’s insurance coverage level. This support can last for up to 78 weeks within a three-year period for incapacity due to the same illness, starting on the first day of sickness.
To facilitate the smooth administration of sick leave benefits, employees are required to promptly inform their employer of their incapacity for work and provide an estimated duration of their absence. In cases where an illness extends beyond three days, employees must furnish a doctor’s certificate no later than the following working day to validate their absence from work. Notably, starting in 2023, the process of submitting working incapacity certificates will transition to digital platforms, allowing for electronic transmission by healthcare providers.
Maternity, paternity, and parental leave in Germany
Maternity leave policy in Germany
Expectant mothers are entitled to a period of 14 weeks of paid maternity leave (Mutterschutzgesetz – MuSchG) to ensure their well-being during pregnancy and following childbirth. This period can increase by up to 18 weeks in the event of premature birth or complications.
Maternity leave in Germany consists of two periods:
- Prenatal leave: Pregnant employees can take a minimum of 6 weeks before their expected due date.
- Postnatal leave: Employees can take up to 12 weeks following the birth of their child. This period can be extended with complicated births.
Job protection for pregnant employees in Germany
One significant aspect of maternity leave policy in Germany is the protection of the pregnant employee’s job status. It is illegal for employers to terminate an employee due to pregnancy or maternity leave. In addition, new mothers have the right to return to their previous position or a comparable role upon resuming work.
Maternity leave pay in Germany
During maternity leave, employees are typically entitled to receive maternity pay from their public health insurance fund, which amounts to approximately 13 euros per day. However, if an employee’s average daily net wage over the last three months exceeds this amount, the employer is required to provide a supplementary payment, known as “Zuschuss Zum Mutterschaftsgeld,” to bridge the difference. This additional contribution ensures that the employee receives maternity pay equivalent to their pre-pregnancy earnings.
For employees covered by public health insurance, the payment comprises a combination of contributions from the insurance fund and the employer, with a maximum cap of 210 EUR.
Paternity leave in Germany
In Germany, paternity leave is part of the parental leave known as “Elternzeit.”
Parental leave policy in Germany
The parental leave, commonly referred to as “Elternzeit,” allows both mothers and fathers to take time off work to care for their newborn or young child, with the option to extend up to three years per child. New parents must request the leave in writing at least seven weeks before the start date.
Employees have the right to job protection during this time, which means that their position or an equivalent role must be available upon their return to the workplace.
The parental leave policy in Germany extends for a total of 36 months, which includes eight weeks of postnatal leave. This period can be shared between the parents, with flexibility in how it is utilised. The regulation stipulates that the parents must take a minimum of 12 months of parental leave within the first three years of the child’s life. The remainder of the leave can be taken with the permission of the employer at any point between the child’s second and seventh birthdays.
Parental allowance for parental leave
Another critical aspect of paid parental leave policy in Germany is the provision of financial support through parental allowance, known as “Elterngeld.” The parental allowance is designed to replace a portion of the parent’s income during the leave period. The amount of parental allowance is calculated based on the parent’s previous income and can be received for a period of up to 14 months.
Flexible work arrangements in Germany
Employers in Germany are encouraged to support flexible work arrangements for employees returning from parental leave. This approach not only fosters a supportive work environment but also enables businesses to retain valuable talent while accommodating the diverse needs of their workforce.
Adoption leave in Germany
Adoption leave in Germany is designed to support the integration of an adopted child into the family.
Do people who adopt babies get maternity leave in Germany?
Individuals who adopt babies are entitled to adoption leave, which is different from maternity leave. Adoption leave allows adoptive parents to take time off from work to care for the newly adopted child. The duration of adoption leave varies based on the specific circumstances.
Parental allowance for adoption leave in Germany
During adoption leave, adoptive parents may also be eligible for financial support from the government in the form of a parental allowance. This aims to provide assistance to individuals who temporarily work less or not at all due to the adoption, enabling them to better manage their financial needs while focusing on the care and adjustment of the adopted child into the family.
The parental allowance provides financial support for parents following the birth or adoption of a child. This benefit is paid for up to a year and encompasses approximately 67% of the parent’s prenatal income, with monthly payments ranging between 300 EUR to 1,800 EUR. The payment can be extended to 14 months if the second parent also takes a leave from work for at least two months.
Flexibility and work arrangements in Germany
Adoptive parents in Germany may also have the option to work part-time during the adoption process, subject to prior permission from the employer. This flexibility recognises the diverse needs of employees during this significant life event.
Other types of leave in Germany
Employees may be entitled to additional types of leave beyond the mandated paid time off and sick leave. Depending on the collective bargaining agreement, employers and employees may agree to additional leave types, such as family care time.
The employer can define the terms and conditions of taking additional leave. These agreements can also outline the eligibility criteria, notice periods, compensation benefits for the employee taking leave, and the ways or methods for tracking and documenting the time off.
Here are some other types of leave that are not mandated by law:
- Unpaid leave in Germany
This allows employees to take time off from work without pay for personal reasons or to attend to family matters. While the duration and conditions of unpaid leave can vary, it typically provides employees with the flexibility to manage situations that fall outside the scope of statutory leave, such as caring for a family member or pursuing personal endeavours. - Extended or supplementary benefits in Germany
Other non-statutory leave may overlap with statutory entitlements. For example, many employers in Germany offer more than the statutory minimum of paid leave. While employees are entitled to a minimum of 20 days of paid vacation, many companies are offering between 25 and 30 days of leave annually. - Bereavement leave in Germany
It allows employees to take a few days of paid leave following the death of a close relative.
Burnout leave in Germany
Employers in Germany do offer work stress leave, particularly in the form of burnout leave, also known as “erschöpfungsbedingte Arbeitsunfähigkeit.” This type of leave is designed to support employees experiencing severe work-related stress and burnout. It allows affected employees to take a substantial period of paid time off to recover and restore their well-being.
Under Germany’s burnout leave policy, employees who are suffering from burnout can take up to 72 weeks of paid leave. To qualify for burnout leave, employees must obtain medical certification from a healthcare professional confirming the diagnosis of burnout. This certification acts as proof of the need for extended leave due to medical reasons.
After the completion of burnout leave, employers should ensure a smooth transition back to work for the employee. A phased return or modified work schedule may be considered to ease the employee back into their role, promoting a successful reintegration process.
While offering additional types of leave in Germany may not be mandated by law, it can serve as a valuable benefit for employees and promote a company’s positive work culture. Employers in Germany can increase employee satisfaction and retention rates by providing sufficient support for employees’ personal well-being and work-life balance. This results in a more productive and motivated workforce.
Public holidays in Germany
Germany observes nine nationwide public holidays. In addition, there are regional public holidays (“Länder holidays”) that apply only in certain federal states. Employers operating across multiple regions should account for these differences when planning staffing and payroll.
The nationwide public holidays in 2026 are:
1 January
New Year’s Day
3 April
Good Friday
6 April
Easter Monday
1 May
Labour Day
14 May
Ascension Day
25 May
Whit Monday (Pentecost Monday)
3 October
German Unity Day
25 December
Christmas Day
26 December
Boxing Day
Employer considerations
Public holidays are generally paid days off for employees. Employers should consider the impact of public holidays on:
- Staffing and shift planning.
- Operational schedules and potential closures.
- Overtime or holiday pay obligations where work is required.
Because regional public holidays vary by federal state, it is important for employers, especially those with a multi-state presence, to adjust workforce management and payroll practices accordingly to remain compliant and operationally efficient.
Stay compliant with CXC
Managing a large number of workers while staying up to date with changing labour laws and regulations can be overwhelming—unless you partner with a reliable global employment solution provider like CXC.
At CXC, we understand the challenges you face in scaling your business. That is why our comprehensive EOR solution lets you quickly and compliantly find, manage, and engage with workers wherever they are located. We provide you with a team of experts that stays up to date with the latest legal changes and requirements, ensuring that you remain compliant and avoid costly penalties. This enables you to focus on what matters most: growing your business.
Speak to our team today and we will guide you on how to enter into new markets quickly and compliantly.
FAQ's
What laws govern burnout leave Germany and is it recognised as sick leave?
Burnout leave in Germany is recognised as sick leave under German law when burnout is medically certified as a condition that renders an employee unfit for work. It is not governed by a standalone burnout statute, but by general sickness absence rules under the Continued Remuneration Act (Entgeltfortzahlungsgesetz) and the Social Code. Burnout is treated within the general framework of incapacity for work (Arbeitsunfähigkeit) under German employment and social security law. Once a doctor certifies burnout-related incapacity, it is treated in the same way as any other illness.
This means employees are entitled to continued salary payment by the employer for up to six weeks, provided eligibility conditions are met. Eligibility generally requires that the employment relationship has existed for at least four consecutive weeks. After this period, statutory health insurance pays sickness benefit. Sickness benefit is paid directly by the statutory health insurance fund in accordance with the Social Code provisions. Importantly, burnout sick leave in Germany is subject to the same procedural requirements as other sick leave, including notification and medical evidence. Employers are not permitted to challenge a valid medical certificate unless there are substantiated and objective reasons to question its validity.
How does burnout sick leave Germany work in practice?
In practice, burnout sick leave in Germany begins when an employee is diagnosed by a licensed medical professional as unfit for work due to burnout or severe work-related stress. Employers may request a medical certificate earlier than the fourth calendar day if contractually agreed or required by company policy. Since 2023, these certificates are transmitted digitally by healthcare providers. The electronic transmission system applies to employees covered by statutory health insurance.
For the first six weeks of certified absence, the employer must continue paying 100% of the employee’s regular salary. If incapacity persists beyond this period, statutory health insurance pays sickness benefit, generally between 70% and 90% of regular earnings, for up to 78 weeks within a three-year period. The maximum duration applies to the same illness within a rolling three-year reference period. Throughout burnout leave in Germany, employment protections apply, and dismissal linked to the illness carries heightened legal risk.
How many days of annual leave in Germany are employees legally entitled to?
Under the Federal Holidays Act, annual leave in Germany is set at a statutory minimum of 20 working days per year for employees working a five-day week. Employees working a six-day week are entitled to at least 24 working days. This entitlement applies regardless of seniority and cannot be reduced by contract.
In practice, many employers offer more generous leave, particularly where collective agreements apply, with 25 to 30 days being common. Since 2023, unused statutory leave can be carried forward for up to three years, provided the employer has properly informed the employee of their entitlement. While burnout sick leave in Germany is separate from annual leave, both form part of Germany’s broader employee protection framework and must be managed distinctly for compliance purposes.
Can employees take both annual leave in Germany and burnout sick leave Germany concurrently?
Employees cannot take annual leave in Germany and burnout sick leave in Germany concurrently for the same period. If an employee becomes ill, including with medically certified burnout, during approved annual leave, the affected days do not count as vacation, provided a doctor’s certificate is submitted. Those days are instead reclassified as sick leave. The employee must provide appropriate medical certification covering the relevant leave period.
This distinction is important for payroll and leave tracking. Sick leave is protected time off due to incapacity, while annual leave is intended for rest and recreation. Employers must therefore reinstate the unused vacation days. Conversely, employees cannot choose to use sick leave in place of annual leave without medical justification. Proper documentation and accurate recordkeeping are critical to avoid disputes or non-compliance.
What are the employer’s obligations regarding burnout leave Germany?
Employers’ obligations under burnout leave in Germany mirror those for other forms of certified sick leave. Employers must continue salary payments for up to six weeks, ensure correct payroll reporting, and respect employee confidentiality. Medical information must be handled in accordance with data protection requirements under the GDPR and German data protection law. They must also accept valid medical certificates and avoid discriminatory treatment linked to illness.
Beyond pay obligations, employers have a general duty of care. This includes supporting reintegration after long absences, often through phased return-to-work arrangements. Employers are required to conduct a formal reintegration process (betriebliches Eingliederungsmanagement) in certain long-term absence scenarios. Dismissals connected to burnout sick leave in Germany are closely scrutinised andmust comply with applicable statutory dismissal protections. Employers should also consider preventive measures, such as workload management and health initiatives, to reduce long-term absence risk and maintain compliance with occupational health principles.
How is burnout diagnosed to qualify for sick leave in Germany?
To qualify for burnout, leave in Germany, burnout must be diagnosed by a licensed medical professional as a condition that makes the employee temporarily unfit for work. There is no separate statutory category for burnout; it is assessed under general incapacity for work standards. The diagnosis results in a medical certificate confirming incapacity for work.
Once certified, burnout sick leave in Germany is treated the same as any other illness under the Continued Remuneration Act. The employer is not entitled to question the medical assessment unless there are substantiated grounds to question validity. Since 2023, incapacity certificates are transmitted electronically from healthcare providers to employers, reducing administrative burden. The key requirement is medical validation, not the label itself, which ensures consistent application of sick leave protections.
Does Germany annual leave expire if unused at year’s end?
Germany’s annual leave does not automatically expire at year’s end if unused. While statutory leave is generally tied to the calendar year, German case law and recent reforms require employers to actively inform employees of their leave entitlement and encourage them to take it. If this obligation is not met, unused leave may carry over.
Since 2023, statutory leave can be carried forward for up to three years, provided the employer has failed to properly notify the employee. If the employer has met its information obligations, unused leave typically expires on 31 December or, at the latest, by 31 March of the following year. Contractual leave exceeding the statutory minimum may be subject to different expiry rules. This framework operates separately from burnout sick leave in Germany, which does not reduce annual leave entitlement. Employers must therefore manage leave balances carefully to remain compliant.
What notice and documentation are required for burnout sick leave in Germany?
For burnout sick leave in Germany, employees must notify their employer without delay that they are unfit for work and indicate the expected duration of absence. Employers are legally entitled to request a medical certificate from the first day of absence.
Since the introduction of electronic certificates, documentation is transmitted directly by healthcare providers, simplifying compliance for both parties. Once issued, the certificate triggers statutory sick pay obligations. During burnout leave in Germany, employers must treat the absence as confidential medical information and may not demand further details about the diagnosis. Failure to follow notification or documentation rules can affect entitlement to continued salary payment, making procedural compliance critical.
How do German companies ensure compliance with Germany annual leave laws?
German companies ensure compliance with Germany’s annual leave laws by embedding statutory entitlements into employment contracts, payroll systems, and HR policies. Employers must grant at least the legal minimum leave and track usage accurately across the year. Clear communication is essential; employees must be informed of their entitlement and encouraged to take leave.
Many employers also align internal policies with collective agreements, which often provide more generous allowances. Importantly, sick leave, including burnout sick leave in Germany, must be recorded separately and must not reduce vacation balances. Regular audits of leave records and proactive reminders help demonstrate compliance. Failure to meet these obligations can result in leave accumulation liabilities and potential entitlement claims, particularly where unused leave carries over beyond the standard period.
Why should companies partner with CXC to manage burnout leave Germany and ensure correct annual leave compliance?
Companies partner with CXC to manage burnout leave in Germany and Germany’s annual leave compliance because both areas require precise coordination between employment law, payroll, and HR processes. German leave regulations are strict, and errors in classification, pay continuation, or documentation can quickly expose employers to legal risk.
CXC supports employers by applying local rules consistently, managing sick pay obligations, tracking statutory and contractual leave entitlements, and ensuring payroll reflects absences correctly. This is particularly valuable for international employers unfamiliar with Germany’s employee-protective framework. By centralising leave administration and compliance monitoring, CXC reduces administrative burden while safeguarding employee rights. The result is predictable compliance, lower risk, and a smoother employee experience across the full leave lifecycle.
Compliantly hire employees anywhere with CXC
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
Australia/New Zealand Head Office
Asia Head Office
EMEA Head Office
North America Head Office
Latin America Head Office
Level 3, 99 Walker Street
North Sydney, NSW 2060 Australia
