When a close relative dies, their own child is born, or the wedding is imminent, the last thing employees want to think about is planning their vacation. Special leave is available precisely for such special life events. But what exactly does that mean? When is there a legal claim, when is it not? And how many days are employees entitled to?
In practice, there is often uncertainty among both employees and employers. While some do not know whether they can apply for special leave at all, others are wondering how to deal with it in a legally secure manner and who bears the costs. This article clarifies the most important legal principles, shows typical reasons for special leave and explains how companies can make administration efficient and transparent.
What is special leave?
Special leave is paid or unpaid time off from work for special occasions in an employee's life that are not covered by regular vacation leave. Unlike normal annual vacation, which is intended for recreation and is regulated under the Federal Leave Act (BURLG), special leave concerns exceptional personal events where attendance at work would be unacceptable.
The legal basis for special leave can be found in SECTION 616 BGB (Civil Code). This regulates that employees continue to receive their salary if they are prevented from working for a relatively insignificant period of time due to personal reasons through no fault of their own. That sounds vague at first and that is often the challenge in practice.
The decisive difference to regular vacation: Special leave is not intended for recreation, but makes it possible to settle urgent private or family matters without sacrificing vacation days. The duration is usually significantly shorter and is usually between one and three days. Whether the special leave is paid depends on the specific situation, contractual regulations and the interpretation of Section 616 BGB.
💡 Important to know 💡
Section 616 BGB is a provisional right. This means that employers can restrict or completely exclude this provision in the employment contract, collective agreement or works agreement. Many employment contracts therefore state that Section 616 BGB does not apply. In such cases, employees are not legally entitled to paid special leave, unless other agreements expressly regulate this.
Special Leave Under Law: The Most Important Occasions
Over the years, case law has specified in which cases special leave is considered justified. Collective agreements and industry-specific regulations also play an important role. The following overview shows the most common events:
Special Leave in the Event of Death, Marriage and Birth in Detail
The three most common reasons for special leave deserve closer consideration, as they raise the most questions in practice.
Special Leave in Case of Death and Funeral
The death of a close relative is one of the most emotionally stressful situations in life. Section 616 BGB generally applies here, unless contractually excluded. But who is considered a “close relative”? Case law defines this pragmatically:
- First degrees of relationship (Spouse, Registered Partner, Children, Parents, Siblings): This is usually entitled to two to three days of special leave, depending on the distance from the place of residence and necessary preparations for the funeral.
- Other close relatives (grandparents, in-laws, grandchildren): A day is often granted here, depending on the personal relationship and circumstances.
- Distant relatives or friends: Not a legal requirement, but some employers are accommodating.
There are often more generous regulations in the public sector than in the private sector. The TVöD (Collective Agreement for Public Service), for example, provides for up to two working days of special leave in the event of the death of a spouse or a child.
⚠️ Important ⚠️
If the funeral takes place at a different location and arrival and departure are required, this may affect the duration of the special leave. Employers should make decisions based on the situation and on a human basis.
Special Leave for Weddings and Marriages
One day of paid special leave is usually granted for your own wedding. This applies to civil marriage. If the church wedding takes place on another day, another day is often granted. However, this is not guaranteed by law and depends on the contractual regulations.
Collective agreements can be more generous here: TVöD grants two working days for your own marriage. In the private sector, one day is often the norm. There is no legal requirement for the marriage of children, but some companies are accommodating.
Practical tip for employers: In the Employment Contract or Personnel Handbook, clearly define which reasons justify how many days of special leave. This creates transparency and prevents unequal treatment.
Special leave when the child is born
Fathers and Partners are entitled to one day of paid special leave on the day of birth. This is intended to enable attendance in hospital or at home birth. However, this one day is significantly less than the EU Directive 2019/1158 Provides: According to Article 4 of the Directive, Fathers and Equivalent Second Parents Should Ten working days Receive paid paternity leave.
The current legal situation in Germany: The EU Directive on the reconciliation of work and private life should have been implemented into German law by August 2, 2022. This has not happened so far. The Coalition Agreement of the then Traffic Light Government did provide for a two-week paid leave — the so-called”Family start time“— Agreed, but the relevant law was not passed. After the end of the traffic light coalition, the topic is no longer even mentioned in the new coalition agreement between the Union and the SPD.
Infringement proceedings against Germany: Because of the failure to implement the EU Directive, infringement proceedings are already ongoing against Germany. However, the Federal Ministry of Family Affairs argues that Germany complies with the exemption clauses of the Directive due to its comprehensive regulations on parental leave and parental allowance and is therefore not obliged to introduce a new legal regulation. However, this interpretation is disputed.
The Planned Draft: The discussed Family Start Time Act provided that fathers and equal second parents receive paid leave of absence of up to ten working days immediately after birth, regardless of length of service and also for part-time employees. The so-called partnership wage should be based on the average salary of the last three months before giving birth. The financing was planned through pay-as-you-go financing in the existing maternity benefit system, but this met with opposition from employer associations.
In addition, both parents have the option of Parental Leave And the Parental allowance After Federal Parental Allowance and Parental Leave Act (BEEG). However, these regulations are intended for long-term care of the child until it settles in to daycare and are not specifically intended for the immediate period after birth. Employers should proactively inform employees of all available options.
Differences between industries: In the public sector and in companies bound by collective agreements, the regulations are often much clearer and more generous than in smaller companies without collective agreements. Companies that want to position themselves as family-friendly employers should design their special leave regulations accordingly.
❗ Note on current legal developments ❗
As of 2025, there is still no comprehensive legal regulation for paid paternity leave in Germany, although the EU Directive provides for this. The planned “family start time” has not been implemented and is no longer reflected in the current coalition agreement. However, employers can voluntarily make more generous arrangements for fathers and second parents and thus position themselves as an attractive employer (Source: Deutsche Handwerks Zeitung, 2025).
Special Leave in Practice: Employer vs. Employee Perspective
The reality of special leave is often more complex than the legal basis might suggest. While employees need quick clarification in stressful situations, employers must act in a legally secure manner and remain fair at the same time.
From an employee perspective Is decisive: Is special leave granted at all? How many days am I entitled to? Do I need to provide evidence? And will my salary continue to be paid? The uncertainty is understandable, as the regulations are not formulated transparently in every employment contract. Many employees do not know that Section 616 of the German Civil Code is often excluded and that only collective agreements or individual contract regulations apply.
From an employer's perspective There are other questions in the foreground: How do I formulate special leave regulations in a legally secure employment contract? What evidence can I ask for? How do I deal with borderline cases, such as when someone requests special leave for the cousin's wedding? And how do I ensure that all employees are treated equally?
Evidence requirements and documentation
Employers may require appropriate evidence for special leave applications, such as a death certificate in the event of death, marriage certificate in the event of marriage or birth certificate of the birth of a child. This is not for harassment, but for legally secure documentation and protection against misuse.
The Role of HR Systems
Modern personnel management and Time recording software Can make a significant contribution to simplification here. Instead of manually checking applications, keeping Excel lists and sending emails back and forth, digital systems enable transparent processes: employees submit applications digitally, managers approve with one click, and the HR department always has an overview of all absences. This not only saves time, but also minimizes sources of error and creates traceability.
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Special Leave and Employment Law: What Employers Should Know
It is crucial for employers to regulate special leave in a legally secure manner and at the same time to create attractive working conditions. Several legal levels play a role in this.
The Importance of Collective Agreements and Works Agreements
Collective agreements have priority over individual employment contracts, provided that both parties are bound by collective agreements. Many collective agreements contain specific regulations on special leave that go beyond Section 616 of the German Civil Code. For example, TVöD provides for special leave for relocations for operational reasons, for serious illnesses of relatives or for participation in exams.
Auch Works agreements May include special leave arrangements. These are made between employer and Works Council Negotiated and apply to all employees of the company. They offer a good opportunity to create fair and transparent regulations that fit the corporate culture.
Deviations from Section 616 BGB due to employment contract
As already mentioned, Section 616 BGB is a dispotative law. Employers can exclude or restrict it in the employment contract. This is admissible and widely used in practice. Typical formulations include:
“The employee's right to continued payment of remuneration in accordance with Section 616 BGB is excluded.”
Attention: If Section 616 BGB is excluded, employers should consider whether they make their own regulations instead. A complete exclusion with no alternative can be perceived as unattractive and scares off potential applicants.
Tips for legally secure wording
- Create clarity: List specifically for which occasions how many days of special leave are granted. Avoid vague phrases such as “in appropriate cases.”
- Define documentation requirements: Record which evidence is required for which occasion (e.g. death certificate, marriage certificate).
- Ensuring equal treatment: Make sure that all employees are treated equally in comparable situations. Different regulations can lead to displeasure and be legally vulnerable.
- Note the tariff commitment: Check whether your company has collective agreements that include special leave regulations. These take precedence over individual employment contracts.
- Document goodwill regulations: If you are accommodating in individual cases, document this as a case-by-case decision so as not to set any precedents.
Legal pitfalls: Be careful when linking special leave to length of service. Such regulations may be ineffective if they are contrary to General Equal Treatment Act (AGG) Violate. All employees should be entitled to special leave in the event of existential events such as death or birth, regardless of the length of employment.
Easy management of special leave — digitally and transparently
Managing special leave can be an administrative challenge for HR departments, particularly in growing companies. Manual processes often lead to errors, lack of transparency and unnecessary expenditure of time. Modern time recording and HR software offers noticeable relief here.
Typical challenges without a digital solution:
- Application via e-mail or paper form, which may be lost in the mailbox
- Manual review by supervisors without transparent status
- No central overview of team absences
- Complex traceability in case of inquiries
- Error-prone Excel lists for documentation
- Lack of Integration with Payroll
Benefits of digital special leave management
With professional time recording and personnel management software, these processes can be significantly streamlined. Employees can apply for special leave digitally, select the desired occasion and, if necessary, upload supporting documents digitally. Supervisors receive automatic notifications and can approve or reject applications with just a few clicks. The HR department has access to all ongoing and approved applications at any time.
Automation and transparency: The automatic differentiation between different types of absences is particularly valuable. While regular vacation reduces the vacation quota, special leave is recorded and reported separately. This creates transparency for all parties involved and prevents misunderstandings.
Integration with time recording: If special leave is directly linked to time recording, manual corrections are no longer necessary. The actual working time is automatically calculated correctly, and payroll receives precise payroll data.
Practical example: A medium-sized consulting firm with 80 employees has digitalized the management of special leave. Previously, applications had to be sent by email to the HR department, which recorded them in an Excel list. Approval was often only given after several days because inquiries were necessary or supervisors missed the emails.
Following the introduction of a digital solution, the process now works like this: Employees submit the application via the software, select the reason (e.g. death) and upload the proof. The manager receives a push notification and can approve the request directly. The HR Department sees all approved special vacation days at a glance and can evaluate statistics if necessary. The time savings: around 75% compared to the previous process.
ZEP as an integrated solution
With ZEP, companies can Time management — from Time recording via Vacation management Up to Project time recording — Map it in a central platform. Special leave can be created as a separate type of absence, stored with individual rules and approval workflows, and seamlessly integrated into personnel planning. By linking to the DATEV or Lexware interface, the data automatically flows into payroll without manual transfer.
Transparency about absences is crucial, particularly in project-based companies. If a team member takes special leave at short notice, project managers can immediately see who is available and resources Reschedule accordingly. This avoids bottlenecks and ensures that projects remain on schedule despite unforeseen events.
Security and privacy: When managing special leave, sensitive personal data is processed, such as information about deaths or health conditions of relatives. Professional software must therefore meet the highest data protection standards. ZEP is after ISO 27001 certified And ensures that all data is stored securely in German data centers — GDPR-compliant and audit-proof.
Conclusion: Special leave is more than a legal right
Special leave is not a privilege, but an important tool for reconciling work and private life. In exceptional life situations — be it the birth of a child, their own wedding or the death of a close relative — it is essential that employees can postpone their work without losing valuable vacation days.
For employers, a clear and fair special leave regulation not only means legal protection, but also a sign of appreciation. Companies that support their employees in difficult moments strengthen loyalty and trust. At the same time, transparent regulation prevents misunderstandings and unequal treatment.
The digital management of special leave via modern HR and Time Recording Systems Makes the process easier, faster and more transparent for everyone involved. Instead of complex paper processes and manual tracking, automated workflows ensure efficiency and legal security.
FAQs
What is special leave and when am I eligible?
Special leave is paid or unpaid time off from work for special personal events that are not covered by regular leave. According to Section 616 BGB, there is a claim for important personal occasions such as wedding, birth of a child or death of close relatives, unless this paragraph has been excluded in the employment contract. However, many collective agreements regulate special leave separately and often offer more generous regulations than the law.
How many days of special leave do I get in case of death and burial?
In the event of the death of a close relative (spouse, parents, children, siblings), Section 616 BGB generally grants one to three days of paid special leave. The exact duration depends on the degree of relationship, the distance to the place of burial and the necessary preparations. According to TVöD, the public sector requires up to two working days in the event of the death of a spouse or a child. Distant relatives or friends are usually not covered by the legal claim.
Who pays the special leave when my child is born?
When a child is born, fathers and partners are entitled to one day of paid special leave in accordance with Section 616 BGB — the employer continues to pay the salary. There is currently no more comprehensive legal regulation in Germany, although the EU Directive Ten Working Days of Paid Paternity Leave provides. This has not yet been implemented.
In addition, both parents can apply for parental leave and parental allowance under the BEEG, but this has different requirements and deadlines.
How do I apply for special leave correctly?
Inform your employer as early as possible about your special vacation request. Ideally in writing via email or via the HR system. Enter the specific reason, the period and the number of days required. Prepare the necessary supporting documents (death certificate, marriage certificate, birth certificate) and submit it with the application. In emergencies, such as sudden death, first inform your supervisor by telephone and submit the documents as quickly as possible.
Will I get special leave at my own wedding?
Yes, in accordance with Section 616 BGB, you are entitled to one day of paid special leave for your own wedding. This applies to both civil and church weddings, provided that they take place on different days. Some collective agreements — such as TVöD — even grant two days. Important: Check your employment contract, as Section 616 BGB may be contractually excluded. In this case, only the regulations set out in the contract or in works agreements apply.
How is special leave regulated in the employment contract?
Employers can exclude or restrict Section 616 BGB in the employment contract — this is legally permitted. Ideally, employment contracts or works agreements should list in detail for which occasions how many days of special leave are granted, which documentation is required and whether the special leave has been paid. Clear regulations create transparency, prevent misunderstandings and ensure that all employees are treated equally. Collective agreements take precedence over individual employment contracts, provided that both parties are bound by collective agreements.
