Leave entitlement
The leave entitlement is the number of paid free days in the calendar year. By law it is at least 24 working days, calculated on a six-day week.
As of:September 2026
Why 24 working days are four weeks
The Federal Leave Act counts in working days, that is, all days except Sundays and public holidays. At six working days a week, 24 working days come to exactly four weeks.
Anyone working five days has the same entitlement: 24 ÷ 6 × 5 = 20 workdays, likewise four weeks. The conversion does not cut, it transfers.
The qualifying period and what applies before it
The full entitlement is acquired for the first time after the employment relationship has lasted six months (section 4 BUrlG). Before that there is a pro rata entitlement of one twelfth per full month of employment.
The qualifying period postpones the full entitlement, it does not cancel it. Anyone starting on 1 April has the full annual entitlement from 1 October, not just nine twelfths.
MetronHR works these figures out itself: time accounts, premiums, overtime and the limits of the German Working Hours Act, with every booking.
A change in working days during the year
Where somebody changes the number of working days per week, the entitlement is calculated per segment: for each period with the number of weekdays applying there. The European Court of Justice has held that an entitlement already acquired must not be reduced retroactively on a reduction.
For an increase the reverse applies: no additional leave arises retroactively for past periods.
Example: a change from five to three days
- 30 days of leave at five working days a week.
- January to June full-time: 30 ÷ 12 × 6 = 15 days.
- July to December at three days: (30 ÷ 5 × 3) ÷ 12 × 6 = 9 days.
- Total entitlement for the year: 24 days.
Common mistake
The annual entitlement gets converted to the new model across the board after the change. That retroactively cuts the entitlement acquired during the full-time phase, and that is exactly what is impermissible.
Further reading
- Section 3(1) BUrlG
- „Leave amounts to at least 24 working days a year.“
- Section 4 BUrlG
- „The full leave entitlement is acquired for the first time after the employment relationship has lasted six months.“
- Section 3(2) BUrlG, section 5 BUrlG
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: September 2026
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Related terms
Pro rata leave
Pro rata leave is the proportionate leave entitlement of one twelfth of the annual leave for every full month the employment relationship has existed.
Remaining leave
Remaining leave is the part of the annual leave not taken by the end of the year. Whether it expires or carries over into the next year does not depend on the calendar alone.
Payment in lieu of leave
Payment in lieu of leave is the payment of untaken leave in money. It is permitted only where the employment relationship ends and the leave therefore can no longer be taken.
Working day
Working days are all days except Sundays and statutory public holidays, so Monday to Saturday. The Working Hours Act and the Federal Leave Act count in working days, not in workdays.
Special leave
Special leave is release from work for a personal occasion, for instance moving house, a wedding, a birth or a death. Whether it is paid depends on section 616 BGB and on the employment contract.
Holiday pay
Holiday pay is the remuneration paid on during leave. It is not to be confused with a holiday bonus, a voluntary special payment.
Bridge part-time work
Bridge part-time work is an entitlement to reduce working time for a fixed period of one to five years, with a subsequent return to the previous working time. It is governed by section 9a of the Part-Time and Fixed-Term Employment Act.