Status: 06.09.2023, 17:30 p.m.
By: Anna Heyers
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In a few days, the summer holidays will also end for the last federal states. But could working people just add a little time to it?
Every year, thousands of people eagerly await their summer holidays (winter holidays or holidays in general). This is the opportunity to escape the stressful everyday work routine and, ideally, simply switch off completely without thinking about the company or colleagues – and without the boss disturbing.
However, with a total of about 30 vacation days a year, working people are limited in time. This is exactly why the desire for an extension sometimes germinates. But is it just possible? And if so, what should be taken into account?
The Matter of Leave in Employment Law
In principle, every employee is entitled to vacation. This entitlement is regulated in the Federal Leave Act: "According to the Federal Leave Act, all employees with a 5-day week in Germany have a minimum holiday entitlement of 20 days per year" (source: Federal Statistical Office). There are more vacation days, for example, if it was negotiated in the employment contract or if the collective agreement requires a special regulation.
For the period of leave, you will continue to be paid in accordance with your employment contract, very similar to the case in the case of sick leave. Usually, however, the vacation must be approved in everyday professional life, for example with a corresponding application to the direct supervisor or via a computer-controlled system (sometimes a combination of both).
Possible or not – add more days on holiday
Whether you can simply extend the vacation – or turn it into a workation – must always be discussed with the responsible persons in the company. Without approval, there is a risk of a warning or dismissal. (Symbolic image) © VITTA GALLERY/Imago
If you find the hotel so beautiful, the beach so white and the sea so clear that you would like to stay, you can definitely apply for a follow-up application while on holiday. However, the supervisor must also approve this leave. Only then is it okay for the employee to stay longer at the holiday destination. It is best to have a verbal commitment from the boss confirmed in writing, then you are on the safe side.
If the person in charge does not approve the leave and the employee still stays away from work, this can lead to dismissal. An article in the Frankfurter Allgemeine Zeitung (FAZ) showed that a similar case with corresponding court proceedings and judgment was legal (AG Düsseldorf, Az.: 8 Ca 3919/17): "It pointed out that unauthorized use of vacation could even justify termination without notice in individual cases."
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But unpaid leave is always possible, isn't it?
The issue of unpaid leave is also clear in principle. "In principle, the employer is not obliged to grant the employee unpaid leave. The unpaid leave is solely at the discretion of the employer," writes Haufe.de, for example.
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This means that the employer must agree to the leave even if you do not expect continued payment of wages for the period. So a "go" from the company is a must. It is best to have your consent confirmed in writing, as is the case with the extension of your holiday.
Health insurance in the event of unpaid leave
Important: If you take unpaid leave, you will continue to have health insurance through your employer for a maximum of one month. The Techniker Krankenkasse (TK) writes on its homepage: "If you are a compulsorily insured employee, nothing will change in the first month of your unpaid leave. You will continue to be insured as an employee and will not pay any contributions during this time. If your unpaid leave lasts longer than a month, your employer will deregister you from us."
By the way, if it is not about leisure activities, there are some reasons why the employer may not refuse unpaid leave. According to Informationsportal.de (information portal for employers), these include, for example, "in the event of a sudden need for care of a close relative or a death in the family. In this case, a rejection would hardly be justified under labour law."
Continuing to work at the holiday destination: Would a "workation" be possible?
During the Corona pandemic, many companies made it possible for their employees to work from home. In the meantime, some companies are demanding that employees spend more time in the office again, but overall there seems to be greater flexibility. In some areas, even workation has become possible. You continue to work for your company as a normal result, but you can also do it from another location or from another country.
However, whether this would be possible for you or not is stated in your employment contract, for example. It is important to pay attention to the wording: Home office also means really working in your home. With "mobile working", you often have a free choice of workplace. In an article by the German Press Agency (dpa), it says: "If so-called mobile working is agreed, this is usually possible from anywhere. [...] Employees can use it to perform their work outside the company and at changing locations." Only accessibility must be guaranteed. You are on the safe side if you discuss a workation with your supervisor.