Travel around the world, renovate the house, catch up on your doctorate: there are many reasons for taking a longer break from your job. But do I have a right to it? And what do I have to consider?
The employment contract regulates how many vacation days employees are entitled to per year. But what does it look like when you have long since exhausted it? The most important questions and answers about unpaid leave at a glance.
Who is entitled to unpaid leave?
The answer is frustrating at first glance: nobody. "There is no entitlement," says Nathalie Oberthür, a specialist lawyer for labor law in Cologne. "But amicably anything goes." In other words: "It is always a matter of agreement between the employer and employee," says Tjark Menssen from the legal protection department of the German Trade Union Confederation (DGB).
Normally, the following applies: work for money - and that without ifs and buts. "There is only one exception: there are regulations in the public service and for civil servants," says Menssen. "But even those are not binding and depend on the employer agreeing."
Can my employer refuse unpaid leave?
Yes. Theoretically, the employer does not have to explain this in any particular way. Operational reasons are given most of the time. For example, that he cannot find a suitable representative.
"Especially in the current times of pandemic and labor shortages, it can mean that employees with special knowledge cannot simply be replaced immediately," says Tjark Menssen. The person concerned then has no opportunity to take action against this: "In an emergency, he can at most consider resigning himself."
How long can unpaid leave last?
There are no upper limits. The same applies here: it depends entirely on the good will of the employer. However, a few months to a year are usual. "It shouldn't take any longer. It's always a tightrope walk," says Menssen. Anyone who has been away for a long time can have problems finding the connection or getting back to work.
Am I entitled if team members have received unpaid leave?
The motto "equal rights for all" does not apply in this case. "Of course that would cause discussions. But there is no general requirement that all employees always get the same rights," says Nathalie Oberthür.
However, if there is a general principle in the company that says: Everyone can take unpaid leave, only one person would be denied the wish, he could refer to it.
What happens if I get sick on my unpaid leave?
Nothing, in any case, you should not automatically add these sick days to the vacation time. By the way: You are not entitled to vacation for the duration of the "time out". "If you don't work and the employment relationship is suspended, you have no right to rest and no legal right to make up for it," says Menssen.
How about the insurance?
Employees are now responsible for their own social insurance. "Anyone who can be released overnight without pay has to pay the social security contributions themselves," says Menssen. Without payment, there is only one month of after-effects insurance cover in health insurance. After that, you have to voluntarily take out health and long-term care insurance or continue to pay into the pension insurance yourself.
Lawyer Oberthür recommends paying close attention to possible deadlines: "Depending on how long you take unpaid leave, there could also be problems with later unemployment benefits because you haven't fulfilled certain qualifying periods."
Can the entitlement to unpaid leave be recorded during contract negotiations?
"Anyone who intends to do something like this or is even planning something concrete should indeed negotiate at an early stage so that there is clarity," says Menssen. But of course you also take a risk: because what does a new employer think of you taking time off before you even start in the new company?
According to Nathalie Oberthür, employees currently have "great bargaining power". However, it is questionable whether the development on the labor market will go so far that such a sabbatical can be granted at any time without any problems. And ultimately it always depends on the company. "Whether you respond to the wishes of the employees also depends on the size of the company," says Tjark Menssen. "In a small shop with ten people it's harder to replace an individual than in a large state-owned company."
Are there alternatives to unpaid leave?
In theory, you could agree with your employer on a part-time model for two years. Employees work a year in which they only receive half of their salary. If you take the next year off, you will also only get half of your salary. "In this way, I can better finance my own vacation," says Menssen. Another advantage: health and nursing care insurance are continued and also taken over by the employer.
