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.
As of:September 2026
The three cases
First, where the qualifying period of six months can no longer be completed in the current calendar year, so where employment starts on or after 1 July. Second, where the employment relationship ends before the qualifying period is complete. Third, where somebody leaves in the first half of a calendar year after completing the qualifying period.
The most important inference lies in the third case: anyone leaving after 30 June who has completed the qualifying period keeps the full annual entitlement. A reduction to twelfths is then impermissible.
MetronHR works these figures out itself: time accounts, premiums, overtime and the limits of the German Working Hours Act, with every booking.
Rounding up fractions
Fractions of leave days amounting to at least half a day are to be rounded up to full days of leave (section 5(2) BUrlG). Fractions below half a day, by contrast, remain as they are; they are not rounded down.
The rule applies only to the statutory minimum leave. For contractual leave beyond that, something else may be agreed.
Example: starting on 15 September
- Annual entitlement 30 days, qualifying period no longer completable within the year.
- Full months of employment in 2026: October, November, December, so three.
- 30 ÷ 12 × 3 = 7.5 days.
- Rounded up to 8 days under section 5(2) BUrlG.
Common mistake
On a departure in October, the entitlement gets cut to ten twelfths. Anyone leaving after 30 June who has completed the qualifying period has the full annual entitlement, even if they were there for only ten months.
Further reading
- Section 5(2) BUrlG
- „Fractions of leave days amounting to at least half a day are to be rounded up to full days of leave.“
- Section 5(1) BUrlG, section 4 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
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.
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.
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.