Navigating Work: Your Guide to Paid Time Off for Special Circumstances
- ** by:** Nina Jerzy
- Read Time: 3 Min
Grants leave for marriage, demise, and sickness. - Leave entitlement for marriage, bereavement, and illness circumstances.
Don't let the term special leave mislead you. While it might conjure images of dramatic events like a family member's passing, this paid time off from work encompasses a wider range of circumstances, from joyous occasions to routine appointments. Employees can make use of special leave without resorting to valuable vacation days, with no limit on the number of days taken annually. Yet, be aware that the specifics can get complicated, as a legal expert emphasizes.
In the eyes of the law, special leave is granted for extraordinary family events and personal hardships. Till Bender, legal advisor at DGB Rechtsschutz GmbH, sums it up nicely, "Special leave is a legislated benefit offered for select family events and personal setbacks." The legal framework can be modified by collective bargaining agreements or employment contracts. Work agreements can also dictate the handling of special leave. In the absence of these guidelines, the employee has a legal claim, according to Bender.
When is Special Leave Allowed?
Through court rulings, the following scenarios for special leave have surfaced:
- Personal Celebrations: Your own wedding, children or parents' weddings, golden wedding anniversary of parents, wife's childbirth
- Family Astraments: Funerals within the immediate family, doctor's appointments, burglary, fire, uninsured traffic accidents
The duration of special leave varies depending on the reason. "For a doctor's appointment, a few hours may suffice," Bender states. "For family events, the exemption usually lasts the day of the event, not just the ceremony itself." In general, the maximum time off for a single event ranges from seven to ten days.
Special leave is also available for employees caring for a sick child or a dependent relative. Bender advises utilizing this benefit before claiming child sickness benefit. With special leave, the full salary is provided, unlike the child sickness benefit, which averages 90% of wages, capped at 120.75 euros (equivalent to a monthly wage of around 3000 euros). Moreover, employees can claim a maximum of 15 days per year per parent or 30 days for single parents from their health insurance company.
In addition, the Care Time Act grants employees up to ten days of paid special leave to care for a dependent relative in an emergency situation. According to Bender, close relatives includes:
- grandparents, parents, in-laws, step-parents
- spouses, life partners and their siblings, siblings and their spouses
- grandchildren, as well as own or life partner's adopted or foster children
Special leave may also be granted for volunteer work under certain conditions. "For those deeply committed to charitable, family, or social causes, it's worth exploring potential leave options," Bender stresses. Paid leave is also possible for educational purposes, volunteering, civic duties, job interviews (after job termination) or religious observance. However, this depends on the circumstances.
Applying for Special Leave
Regarding the request for special leave, the lawyer suggests discussing the matter with your employer well in advance, giving them ample time to arrange for a replacement if necessary. In unforeseen situations such as a fire or an accident, a phone call is typically sufficient, according to Bender.
For doctor's appointments, Bender's experience indicates that simply informing your employer or presenting a practice appointment card is usually sufficient. However, in case of suspicious bosses, a medical certificate or a letter from the respective doctor might be required. Supervisors are not allowed to insist that the employee find another doctor who offers appointments outside of office hours. "The employee's choice of doctor is personal," highlights the expert.
Proof may be necessary if the employee has been absent due to a non-fault traffic accident. According to the expert, the employer has the right to request police records or correspondence with the insurance company. If the employee was indeed at fault, the already paid wages can be recovered. However, many companies choose not to pursue this.
Unlike sick leave, the length of special leave is not fundamentally limited, Bender explains. "The employer cannot deny leave for a sister's wedding just because an employee used special leave earlier in the year!"
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- Special Leave
- Employer
- Volunteer Work
- Health Insurance
- Care Time Act
- Religious Observance
Enrichment Data: Special Leave in Germany, also referred to as "besondere Urlaubsarten" or "Sonderurlaub", is a type of leave outside statutory annual leave that employers may grant for specific personal circumstances not covered under sick leave or vacation. This leave is discretionary rather than a statutory entitlement but is common in many companies due to collective agreements or company policies. The following are some details related to special leave in Germany:
Personal Celebrations
- Wedding Leave: Some companies offer a day or two off for weddings, particularly if the employee is a member of the wedding party or closely related to the couple. This is not a statutory entitlement but can be provided as a company benefit.
Family Aspirations
- Bereavement Leave: Employers may provide a day or more off for attending funerals, especially for immediate family members. Like wedding leave, this is typically a company benefit rather than a statutory requirement.
General Principles
- Special leave is often governed by collective bargaining agreements or company policies rather than federal law.
- Companies may offer additional leave days as part of their benefits package to attract and retain employees.
- Special leave, as defined by legal expert Till Bender, is granted for extraordinary family events and personal hardships, encompassing occasions like personal celebrations (such as weddings or childbirth) and family emergencies (like funerals or unforeseen accidents).
- Employees can utilize special leave to care for a sick child or dependent relative, receiving their full salary without exhausting their vacation days or reaching the cap for child sickness benefit. Additionally, German Care Time Act allows employees 10 days of paid leave to care for a dependent relative in an emergency.
