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Extra leave for a severe disability: five more days

Severely disabled employees are entitled to additional paid leave. This extra leave is added to the normal leave and is meant to account for the increased need for recovery. The recognized degree of disability is important.

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Severely disabled people are entitled to additional paid leave of five working days per year with a five-day week (§ 208 SGB IX); with a different distribution, it is converted accordingly.
The extra leave is added to the statutory and contractual leave. It applies from the recognition of the severe disability and, in case of retroactive recognition, can also exist for past periods.

What you should do now

  1. 1

    1. Prove your status

    Present the severely disabled person's ID or the recognition to the employer.

  2. 2

    2. Calculate the entitlement

    Determine the additional days according to your working week.

  3. 3

    3. Apply for leave

    Apply for the extra leave like your other leave.

  4. 4

    4. Act on refusal

    If the extra leave is refused, assert it in writing.

How to spot the scam

  • The extra leave is not granted despite the severe disability.
  • A retroactive recognition is not taken into account.
  • The leave lapses without any notice of the forfeiture being given.

Frequently asked questions

How much extra leave am I entitled to?

With a five-day week, five additional paid leave days per year (§ 208 SGB IX). If you work more or fewer days per week, the entitlement is converted accordingly. The extra leave is added to the normal leave.

From when does the entitlement apply?

From the recognition of the severe disability with a degree of disability of at least 50. If the severe disability is recognized retroactively, the extra leave can also exist for the past periods. If only part of the year is fulfilled, it is calculated pro rata.

What if the employer refuses the extra leave?

Present proof of the severe disability and assert the entitlement in writing. The employer's duty to give notice also applies to the extra leave, so it does not lapse just like that. If the employer remains inactive, you can pursue the entitlement further.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.