Special leave in the event of the death of the grandparents

That Employment Law ensures that German employees are entitled to most vacation days within EU countries. So-called special leave for personal reasons is not included. It is available to employees on various occasions. But in the event of death in the family circle, such as B. special provisions apply to parents and grandparents.

Special leave: important criteria for a paid leave of absence

The legal basis for the so-called special leave can be found in Section 616 of the German Civil Code (BGB). The right to paid leave from work is regulated here and prescribes the following criteria:

• Employees can assert the right to time off if they are temporarily unable to work.
• The inability to work must not be your own fault.
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• There must also be a personal reason.


Days off in the event of death - useful information about special leave regulations

After a death, not only the mourning for the deceased survivor of ...

• The employee can only be released for a relatively insignificant period of time.
• Normally, the employee would have to use his vacation leave for this.

Regardless of Section 616, collective bargaining agreements, works agreements or special regulations such as country-specific special leave regulations for civil servants deviating or supplementary regulations in the event of death of the Grandparents included.

How to apply for special leave in the event of the death of your grandparents

Classic cases for special leave - which is legally referred to as leave of absence - are, for example, births, wedding dates, bereavement in the immediate family. Close relatives mainly include relatives in a straight line, i.e. mostly first-degree relatives, such as parents, children, spouses and life partners. As a rule, however, the death of the grandparents does not count here.

1. First of all, ask the works council, the HR department or the union whether you are entitled to special leave in the event of the death of your grandparents.
2. Submit a written application stating "I hereby apply for special leave due to the death of my grandparents in the period from... until... "at your HR department.
3. If you are not entitled to this extraordinary special leave, you should first try to apply for paid leave from work in accordance with Section 616 of the German Civil Code (BGB).
4. If the employer refuses, you can submit a vacation request. The prerequisite for this is that you still have enough vacation days that you did not take as vacation leave.
5. If you have already exhausted your vacation entitlement for the year, you only have to pay unpaid leave to the employer vacation to apply for death of grandparents. You have no legal right to the consent of the employer.