A new court ruling has clarified your holiday rights in Germany – and it could make a big difference for international residents who might want to take longer trips abroad.
For many international residents in Germany, holiday planning isn’t just about a quick getaway – it often means long-distance travel to visit family and friends.
Since long-distance flights are expensive and the journeys are time-consuming, short trips are simply impractical.
So the idea of being limited to just two weeks off, or less, can be frustrating.
That’s why a recent ruling from a German regional labour court is worth paying attention to. The case began with an employee who requested more than three weeks of consecutive holiday.
When her employer refused, citing a company practice of only allowing a maximum of two weeks at a time, she took them to court.
Now, her victory has helped clarify a widespread misunderstanding about holiday rules in Germany.
Are companies allowed to enforce a two-week limit on holidays?
A recent ruling by the Regional Labour Court in Thuringia made it clear that employers can’t simply set their own rule limiting employees to a maximum of two consecutive weeks of holiday.
In fact, the relevant German law was designed to ensure that employees could rest properly – not just take short, interrupted breaks.
This means the frequently cited rule that two weeks is a maximum limit is a myth. In principle, employees can take their annual leave in one continuous block – and employers can only refuse this if they have concrete and compelling business-related reasons.
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What constitutes a concrete, compelling reason?
An employer can refuse a longer block of holiday if there are specific and provable reasons why it would harm their business.
These might include urgent operational needs such as clear staff shortages, a lack of replacements or clashes with already approved leave.
General claims like “we’re usually understaffed” or “it’s our policy”, however, won’t hold up.
Legally, the burden is on the employer to demonstrate that approving a specific request would seriously disrupt business operations.
Does the rule apply everywhere in Germany?
The new ruling came from a court in Thuringia rather than a federal court. But the court did not create a new rule – it simply clarified an existing federal law (the Federal Vacation Act, or Bundesurlaubsgesetz).
As a result, employers across the country may be bound by the ruling, whether in Berlin, Munich, Hamburg or anywhere else.
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What options do you have if your employer still insists on a two-week limit?
It’s always a bad idea to take leave without getting approval first. Doing so can lead to serious consequences, including dismissal.
But there are a number of options open to employees who have requested a longer period of leave and been refused. These include:
- Politely challenging the decision, referencing your right to continuous leave under German law
- Asking for the reasons why your request was refused – employers must be able to justify their decisions with concrete reasons
- Seeking advice from a works council (if your company has one) or a labour lawyer
- In urgent cases, employees can also apply for a court order (preliminary injunction) to enforce their holiday rights, though this is usually a last resort.