Leave request is not processed

The Federal Vacation Act grants every employee at least 18 vacation days each year. In addition, additional vacation days are agreed in the individual employment contracts. In principle, you must take these vacation days in the current year and may only carry them over to the following year in exceptional cases and then by 31 December at the latest. March take.

No free time without a vacation request

• Since the vacation days are for your relaxation and the preservation of your workforce, you cannot request that the employer provide the vacation paid in cash, nor can the employer refer you to such a cash payment.
• You are not allowed to stay away from work if you want to go on vacation. You must always coordinate your vacation time with the concerns of your employer. This includes that you apply for your vacation and the employer approves your vacation request. In this way, the employer should be able to organize the operational process and replace your missing manpower for the vacation period.
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• If your employer does not react to your submitted vacation request and simply does not process it, you should First of all, ask politely whether your application is there and by when you expect the decision to be allowed to. Due to his duty of care, the employer is required to modest your vacation request in good time so that you are able to plan your vacation properly yourself. If you want to book a trip, you need to know well in advance whether you can drive or not.
• If the employer culpably delays the processing of the application, he could well be liable for damages. Since he is a party to the employment contract, he must behave in such a way that he takes your interests sufficiently into account and refrains from anything that is disadvantageous for you or that harms you.


Apply for leave - this is how it works

Every employee is also entitled to vacation. To get it approved, you have to ...

If the application is not processed, proceed step-by-step

• If your request for leave is still not being processed, you should ask why. Now you have to assume that the employer has reasons to postpone the approval. If there are urgent operational reasons against your vacation, the employer has the right to reject your application. However, he must actually do this and not leave you in the dark.
• If he still does not give you any reasons, you should ask the works council or your staff representative to act as an intermediary. Perhaps you also have another contact in the personnel office or you can use another connection to the boss.
• If still nothing happens, you can try to speak to the employer or the responsible decision-maker directly and personally.
• If you still do not achieve anything, in extreme cases you only have to go to the labor court. If you can justify the particular urgency of the application decision (for example because you are booking an expensive vacation trip or a If you want to organize a trip at great expense), you have the option of a decision by the labor court by way of a temporary injunction bring about. Otherwise, the action for a vacation permit comes into consideration. Cases of this kind are quite rare, however. As a rule, they are regulated in advance.
• In any case, it is best to be careful when planning your vacation time without being sure that you will get along with your employer.