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.
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.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
- 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.“
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026