Special leave (Sonderurlaub) is paid time off for a temporary personal impediment, such as one's own wedding, the birth of a child, the death of a close relative, or a move for operational reasons. The basis is § 616 BGB, but the provision is dispositiv and is often restricted or excluded by employment or collective agreement. Unlike recreational leave (Erholungsurlaub) under the BUrlG, it applies only for a relatively insignificant period.
At a glance
- The basis is § 616 BGB: pay continues if employees are prevented from working for a relatively insignificant period, through no fault of their own, for a reason lying in their person
- Typical occasions: one's own wedding, birth of one's own child, death of a close relative, a move for operational reasons
- § 616 BGB is dispositiv (a default rule) and is often restricted or fully excluded by employment or collective agreement
- Distinct from unpaid special leave and from statutory recreational leave (Erholungsurlaub) under the BUrlG
- The release applies only for a "relatively insignificant" period, in practice usually one to a few days
How it differs
- Paid Sonderurlaub (§ 616 BGB): pay continues, with no deduction from recreational leave
- Unpaid special leave: a longer release without pay, based on agreement
- Erholungsurlaub (BUrlG): statutory minimum holiday for rest, independent of a specific occasion
FAQ
Do I have a statutory right to Sonderurlaub?
A right can arise from § 616 BGB where there is a short, non-culpable personal impediment. Because the provision is dispositiv, however, the employment or collective agreement is decisive: many contracts restrict or exclude § 616 BGB, in which case there is no right to paid special leave.
For which occasions is special leave typically granted?
Commonly one's own wedding, the birth of one's own child, the death of a close relative, and a move for operational reasons. The scope and number of days follow the contract, collective agreement or established company practice.
How long does Sonderurlaub under § 616 BGB last?
The law sets no fixed duration and instead refers to a "relatively insignificant period". In practice this usually means one or a few days per occasion.
Is special leave counted against recreational leave?
No. Paid Sonderurlaub under § 616 BGB is a separate release and does not reduce recreational leave under the BUrlG.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
