If there has been a death in the family, employees can usually get special leave. But what exactly is then? A specialist lawyer for labor law provides information.
A death in the family is one of the sad situations in which employees can ask their boss for special leave. One day off to go to the funeral, but perhaps it still needs to be prepared. There is no general rule for special leave, says Alexander Bredereck, a specialist lawyer for labor law in Berlin.
In principle, Paragraph 616 of the Civil Code applies here, headed "Temporary hindrance". An employee must be prevented "for a personal reason" - this is not about a flight cancellation or black ice, but a funeral, for example.
"But this paragraph is very general," says Bredereck. It only states that the employee is not obliged to perform his or her work and that the wages will continue to be paid. There is nothing in the BGB about a specific duration.
Special leave is therefore regulated in many collective agreements, company agreements and employment contracts. "For the public service, paragraph 29 TVöD (collective agreement for the public service), for example, determines that employees receive two days of special leave in the event of the death of a spouse or partner, a child or a parent," says Bredereck.
Some employment contracts are based on this, others find their own specifications. In addition to the duration of the special leave, there is an important point: How far is a bereavement defined, can it also be the funeral of a cousin, for example?
If the special leave is clearly defined in the contract, employees can stick to it. Otherwise, Bredereck advises finding an amicable arrangement with the boss if possible.
"One should approach the employer and talk to each other," says the lawyer. You'll probably find empathy: "Almost everyone has experienced a death in the family."
One thing is clear: if someone is unable to work, for example after the death of a child or spouse, this has nothing to do with special leave. In this case, the doctor issues a certificate that covers more than just a few days.
