Remaining leave and payment in lieu on departure
The twelfths rule does not always apply. Anyone who has completed the qualifying period and leaves in the second half of the year is entitled to the full annual leave.
Your entries
The contractual entitlement at full employment.
Days of leave this year.
Only for the payout, in euros. Leave empty if not needed.
Result
The six-month qualifying period has been met and the departure falls in the second half of the year. There is therefore an entitlement to the full annual leave, not to 8 twelfths. The reduction under section 5 (1) (c) BUrlG applies only where the employment ends by 30 June.
If the leave can no longer be taken because the employment ends, it must be paid out (section 7 (4) BUrlG). The amount follows section 11 BUrlG, so the average earnings of the last 13 weeks before the leave, disregarding overtime pay. The figure here is a rough calculation from the monthly salary.
Calculation
- Months of employment = January to August = 8
- Qualifying period complete and departure from July onwards → full entitlement = 30 days
- Remaining = 30 − 12 = 18 days
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How it is calculated
When leave is reduced, and when it is not
Under section 5(1) BUrlG, there is an entitlement to only one twelfth of the annual leave per full month of employment in three cases: when the qualifying period of six months is not completed within the calendar year, when somebody leaves before the qualifying period expires, or when the employment relationship ends in the first half of the calendar year.
From that follows the rule most often overlooked: anyone who has completed the qualifying period and leaves on 31 August is entitled to the full annual leave, not to eight twelfths. Calculators that apply twelfths across the board come out too low.
Rounding
Fractions of leave days amounting to at least half a day are to be rounded up to full days under section 5(2) BUrlG. That rule applies to pro rata leave, which is exactly the set of cases where twelfths are applied.
Leave taken in excess
If more leave was granted than is ultimately due, the employer can reclaim it only to a limited extent: under section 5(3) BUrlG, leave granted in excess does not have to be repaid if it was granted after the qualifying period had been completed.
Payment in lieu
If the leave can no longer be taken because the employment ends, it has to be paid in lieu (section 7(4) BUrlG). The amount is governed by section 11 BUrlG: what counts is the average pay of the last thirteen weeks before the leave, excluding any additional overtime pay.
The calculator provides a rough figure from the monthly salary and the working days per week. For payroll, the thirteen-week average is decisive, which can differ where earnings fluctuate.
Calculating once takes a minute. MetronHR carries these accounts forward continuously, for every employee, and shows the balance at the month end.
Further reading:Section 5 BUrlG · Section 7 BUrlG · Section 11 BUrlG
The calculator covers the basic statutory rules. Collective agreements, works agreements and employment contracts may contain more favourable arrangements, and for a specific case it is better to ask someone with a licence to practise.
Frequently asked questions
What we get asked about this most often.
If the qualifying period of six months is complete: yes. The twelfths rule under section 5(1)(c) BUrlG applies only if the employment relationship ends in the first half of the calendar year. When leaving on or after 1 July, there is an entitlement to the full annual leave.
As payment in lieu of leave under section 7(4) BUrlG, calculated from the average earnings of the last thirteen weeks (section 11 BUrlG). The payment is subject to tax and social security contributions; it is remuneration, not damages.
Not automatically. Under the case law of the Federal Labour Court, leave expires only if the employer has previously pointed out the impending expiry and asked for the leave to be taken. Without that notice, leave from previous years can persist and has to be paid in lieu on departure.
Full months of employment count for the twelfths rule. If the employment relationship ends mid-month, that month is not a full month. The calculator assumes that the month of departure you enter was worked in full; for a departure mid-month, subtract that month.
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