Can I take vacation during the probationary period?
Some people have already experienced it: You are looking forward to a job change with great anticipation, but the long-awaited vacation unfortunately falls right into the probationary period. As Papershift explains in a blog entry, a large part of the employment relationships in Germany are agreed with an initial probationary period. In most cases, the length of the probationary period is six months. The Federal Holidays Act (BUrlG) regulates that employees only have a full entitlement to the entire annual holiday after six months of employment. However, this often leads to the misconception that you are not entitled to any vacation at all during the probationary period. However, a pro rata holiday entitlement is accrued for each month of service. A distinction must also be made between the probationary period and the waiting period. While the probationary period is only regulated by contract, the waiting period is defined by law. The waiting period means that the entitlement to full annual leave only arises if an employment relationship lasts longer than six months. Before the end of the waiting period, however, employees are also entitled to part-time leave.
How much vacation is one entitled to?
Now the question arises as to when and how much vacation time can be taken. By law, employees are entitled to at least 20 vacation days per year. According to Section 5 BUrlG, employees are entitled to one twelfth of the statutory holiday entitlement (1.67 days) after one month. After three months, you are already entitled to at least five days of holiday. In addition, according to Business Insider, there are also the vacation days that the employer grants its employees. If, for example, the employee is entitled to 30 days of vacation according to the contract, after just two months you will be entitled to five days of vacation. It should be noted, however, that according to Section 7 BUrlG, vacation days generally depend on the employer’s approval, regardless of whether you are in the probationary period or not.
In the event of termination, the employee is also entitled to the holiday entitlement already accumulated. These can therefore still be claimed until the termination takes effect. If this is not possible, the employer is obliged to pay out these vacation days.
Rejection of leave during the probationary period
But even if vacation days are to be approved by the employer, a vacation application must not simply be rejected without a good reason. “When granting vacation, the employer must always take into account the vacation requests of the employees. The employer can only refuse the vacation request if there are urgent operational concerns or vacation requests from other employees, which have priority from a social point of view, during this time,” explains Niklas Breucker, doctorate lawyer at the employment law firm Altenburg, to the Business Insider. Operational reasons can include, for example, an increased workload at certain peak times, absenteeism from other employees, company holidays on a specific date or holidays taken by other employees. However, the probationary period itself is not a business reason for rejecting a vacation request. However, there are operational reasons associated with a new hire. For example, if necessary training courses for induction are due during the planned vacation time.
E. Schmal/Redaktion finanzen.net
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