Special leave: Everything you need to know
SaaS.de explains when you must grant special leave
Weddings, births or bereavements: employees may be granted paid leave for special personal occasions in addition to their annual leave. Knowing the rules and communicating them clearly helps to avoid disputes in individual cases and legal pitfalls.
The legal basis
The term ‘special leave’ is not defined by law. The key legal basis is Section 616 of the German Civil Code (BGB): anyone who, through no fault of their own, is prevented from working for a relatively insignificant period of time for a personal reason retains their entitlement to remuneration.
The law specifies neither specific occasions nor a fixed number of days. In practice, employment tribunals often refer to collective agreements, such as Section 29 of the TVöD:
As a rule, 1 to 2 working days are granted per occasion.
Special leave is not counted towards annual leave.
An overview of typical occasions
The following information provides typical guidelines based on labour law practice and collective agreement provisions. Whether and how many days of special leave must actually be granted depends on the individual case and the applicable provisions of employment contracts or collective agreements:
Birth of one’s own child:
Usually 1 working day for the partner.
Own wedding and family celebrations:
Usually 1 day for your own wedding. For a child’s confirmation, first communion or wedding, it depends on the contract.
Death in the family:
In the event of the death of a spouse, child or parent, usually two working days.
Relocation for business reasons:
If the employer arranges the move, staff are usually granted 1 working day off.
Exclusion clause in an employment contract:
Section 616 of the German Civil Code (BGB) is not mandatory. An employment contract, collective agreement or works agreement may restrict this entitlement or exclude it entirely. However, other statutory, collectively agreed or individually agreed entitlements to time off may still apply. Alternatively, employees may apply for regular annual leave or agree on unpaid leave with their employer.
Challenges: Upper limit, annual leave and statutory exceptions
Is there an upper limit on the number of special leave days per year?
No. Each instance is assessed on a case-by-case basis. However, if it falls on a non-working day or during annual leave, no additional entitlement arises.
What applies if a child falls ill?
A separate rule applies here: in 2026, parents covered by statutory health insurance will receive up to 15 working days’ child sickness benefit per child and per parent from their health insurance fund; single parents will receive up to 30 days.
And what about an urgent need for care within the family?
Under the Care Leave Act, employees may take up to 10 working days off to organise care. The care insurance fund pays a care support allowance as a wage replacement.
Is there ten days’ ‘paternity leave’?
No. The planned ‘Family Start Period’ has not yet come into force (as of October 2026).
Tip from SaaS.de
With SaaS.de HR, managing special leave is very straightforward: the absence reason ‘special leave’ is automatically created for every new employee. This allows you to record special leave directly and manage it separately from regular annual leave. Leave balances remain accurate and all absences are clearly documented.
Also, check your employment contracts: is Section 616 of the German Civil Code (BGB) excluded there?
You can find more on the topic of holiday planning in our blog post ‘Company holidays: everything you need to know’.
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