Carrying vacation into the next year: when does it lapse?

Vacation should be taken in the current calendar year. Under certain conditions, however, it carries into the next year. Important: according to case law, vacation often does not lapse if the employer did not point out the threatened lapse in time.

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Vacation must generally be taken in the current year; a carryover into the first quarter of the following year is only provided for urgent operational or personal reasons (§ 7 Abs. 3 BUrlG).

According to case law, vacation only lapses if the employer asked the employee in time and specifically to take the vacation and pointed out the threatened lapse. If this notice is missing, the entitlement often remains.

What you should do now

1
1. Determine remaining leave
Establish how many vacation days are still open and from which year they stem.
2
2. Check for the notice
See whether the employer asked you in time to take vacation and pointed out the lapse.
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3. Apply for vacation
Apply for open vacation early in writing, ideally with specific preferred dates.
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4. Secure the entitlement
If the vacation is refused or is meant to lapse, point out in writing your continuing entitlement.

How to spot the scam

The employer claims a blanket lapse without a prior notice.
Vacation requests are rejected without a valid reason.
Long-term sick employees are supposedly meant to lose vacation automatically.

Frequently asked questions

Does my vacation lapse automatically at the end of the year?

Not without more. According to case law, vacation only lapses if the employer asked in time to take it and pointed out the lapse. If that does not happen, the entitlement can remain beyond the year.

By when must carried-over vacation be taken?

Carried-over vacation is generally to be taken by 31 March of the following year (§ 7 Abs. 3 BUrlG). Here too the employer's duty to give notice applies; without a notice the entitlement can continue longer.

What applies during a long illness?

If vacation could not be taken because of long-term incapacity for work, according to case law it generally only lapses 15 months after the end of the vacation year. The exact calculation depends on the individual case.

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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.