Special leave for “personal” reasons
As a first step, it is worth taking a look at the employment contract. Employers can regulate the issue of special leave for their employees in different ways. However, if no agreements were made on this in the employment contract, then the legal provisions apply. Section 616 of the Civil Code states that an employee is entitled to special leave if he is unable to fulfill his work obligation for “a personal reason”. How long the special leave lasts varies and depends on the company in question.
As a rule, however, one is guided by the collective agreement of the public service (TVöD), whereby the special exemption from work can last between one and four days – depending on the reason.
When are you not entitled to special leave?
In the case of special leave, it is important to note that the loss of work does not have to be classified as “external[n] circumstances[n]”How traffic jams, floods or strikes can be justified, as the Saarland Chamber of Labor writes. In addition, employees should “basically try to avoid losing work” by arranging doctor’s appointments outside of working hours. In addition, the special leave does not apply if you anyway is released from work, such as during parental leave Last but not least, you should be aware that the special leave is only valid for a few days and that income will continue to be paid “only for the actual duration of your inability to work” – otherwise you have no entitlement to it.
Reasons for special leave entitlement
On the other hand, if there are extraordinary events such as your own wedding, the birth of a child or the golden wedding of your parents, employees can be released from their duty to work on the respective days. Caring for a sick family member such as a child or parent or death may also count as special leave. According to Volker Görzel, specialist lawyer for labor law, under special circumstances you can also take time off for job interviews in the event of a dismissal. If necessary, relocations are also included and granted “to a reasonable extent” as paid special leave.
As Görzel told the news magazine Stern, mini-jobbers are also entitled to special leave because they are “normal employees like everyone else” and therefore have “the same rights”. The exception for them is the regular holiday, which differs from that of full-time employees and can be shorter.
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