Remaining leave on termination: demand payout
The employment is ending, but you still have open vacation days that you can no longer take? Then the employer must pay out the remaining leave. This 'leave compensation' is your right, but it does not lapse by itself if you assert it.
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Have leave paid out →Your chances of getting your money back
What you should do now
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1. Calculate remaining leave
Determine your open vacation days (pro rata according to the period of employment in the year).
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2. Estimate the amount
About your average daily earnings per vacation day; that gives the approximate compensation.
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3. Demand in writing
Demand the payout in writing with a deadline and reference to § 7 Abs. 4 BUrlG.
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4. Watch the deadlines
Check contractual or collective exclusion periods (often a few months), otherwise the claim can lapse.
Frequently asked questions
Is my remaining leave paid out on termination?
Yes. If the leave can no longer be taken because the employment ends, it must be paid out in money as leave compensation (§ 7 Abs. 4 BUrlG). This applies to termination by yourself or the employer and also in a termination agreement.
How much money am I entitled to?
About your average daily earnings per open vacation day (based on the pay of the last weeks). Decisive is your pro-rata leave entitlement in the year of leaving. Watch out for exclusion periods and request the compensation promptly in writing.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.