Unilateral start of vacation

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The use cases at a glance

In principle, the specific amount of leave taken must be agreed between the employee and the employer. Under certain circumstances, however, employees can take leave unilaterally, i.e. without the employer's prior consent. In this blog post, we explain the options for taking leave unilaterally.

§Section 4 (4) UrlG

If a company has a responsible works council establishedemployees can take their leave unilaterally. The following cumulative requirements must be met:

• Employers must be informed at least three months in advance of the desired start of the leave.
• The vacation period must last at least 12 working days.
• The works council must be involved by employers.
• The employer did not file a complaint with the competent Labor and Social Court (ASG) within the deadline (6-8 weeks before the start of the leave). However, if a complaint is filed, employees run the risk of being dismissed if the ASG rules in favor of the employer.

§Section 16 (2) UrlG

Regardless of whether a works council exists employees may take unilateral leave if the following conditions are cumulatively met:

• A sick child under the age of 12 (your own child or the child of your spouse/cohabiting partner/registered partner) living in the same household requires appropriate care.
• Care by the employee is necessary. (The entitlement to care leave for the other parent/partner is exhausted).
• The entitlement to two weeks of care leave §Section 16 (1-2) UrlG per year has already been used up.
• Employees must comply with the obligation to register.