The Urlaubsanspruch is the statutory right to paid recreational leave. The Federal Leave Act (BUrlG) guarantees a minimum of 24 working days on a 6-day week (§ 3 BUrlG), equal to 20 working days on a 5-day week, i.e. four weeks per year. The full entitlement arises after a 6-month waiting period. For part-time work or a mid-year start or exit, leave is calculated pro rata.
At a glance
- Statutory minimum leave: 24 working days (Werktage) per year on a 6-day week (§ 3 BUrlG); Werktage are all days except Sundays and public holidays
- This equals 20 working days on a 5-day week, i.e. four weeks of leave per year
- Where the working days are distributed differently (part-time, mid-year start or exit), the entitlement is converted pro rata based on the number of weekly working days
- The full leave entitlement first arises after the employment has existed for 6 months (waiting period, § 4 BUrlG)
- During leave, the Urlaubsentgelt (holiday pay) continues, based on average earnings over the last 13 weeks
- Payment in lieu is only permitted where leave can no longer be taken because the employment ends
Extra leave and pro-rata calculation
- Severely disabled people are entitled to 5 additional working days of paid leave per year on a 5-day week (§ 208 SGB IX), converted accordingly for a different distribution
- For part-time, the entitlement follows the number of weekly working days, not the hours: someone working fewer days has correspondingly fewer leave days for the same recovery value
- For carry-over and expiry of untaken leave, see the card „Resturlaub & Verfall“
FAQ
How many leave days am I legally entitled to?
At least 24 Werktage on a 6-day week. On a common 5-day week that is 20 working days, i.e. four weeks. Many employers grant more by contract.
How is leave calculated for part-time?
By the number of weekly working days, not the hours. Someone working 3 days per week, against a full-time entitlement of 20 working days, has a pro-rata 12 leave days (20 divided by 5, times 3).
When do I first have full leave entitlement?
The full entitlement first arises after the employment has existed for 6 months. Before that, a partial entitlement of one twelfth per full month of employment applies.
Can I have my leave paid out?
Generally no. Leave is meant for recovery and should be taken. Payment in lieu is only permitted when the employment ends and the leave can therefore no longer be taken.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
