Recreational leave - a brief respite from hectic everyday life and a long-awaited break from professional life! But before we lose ourselves in daydreams of sunny beaches or picturesque mountain landscapes, we have a crucial task ahead of us: submitting the vacation request to the employer correctly and on time. But what is the best way to go about it? What guidelines and deadlines must be observed? And how do you proceed if there are disagreements with your supervisor? In this article, we will provide you with a comprehensive guide to get to the bottom of all these questions concerning the application for leave.
There are no fixed requirements for the wording of a leave request. It can be submitted simply and in writing, either via e-mail or on a form. The essential contents of the request are:
In Germany, the Federal Leave Act states that employees have a right to paid leave. In order to take this leave, a leave request must be submitted to and approved by the relevant management level. The request can be made in writing or verbally, with many companies providing special forms.
The question of when a vacation request should be submitted concerns many employees. Although labor law does not specify a specific deadline, the principle of fairness and consideration still applies. A vacation request should always be submitted as early as possible to give the employer enough time to plan and coordinate. For example, some companies specify that employees must submit their vacation requests for the coming year no later than December. In other areas or smaller departments, however, things may be more relaxed. But regardless of the corporate culture: early communication creates clarity and prevents unnecessary conflicts.
When employees present their leave request verbally, the manager should make a decision promptly and communicate it. For requests submitted in writing, the employer should respond within a reasonable time. A leave request is considered accepted only when approval has been clearly communicated.
Generally, no. Employees have the right to schedule their vacation request as they see fit. An employer cannot easily refuse a request for three weeks of vacation at a stretch. Unless there are urgent operational reasons to the contrary. In such cases, the employer must give appropriate reasons for the refusal. But as a rule, the employee's request for vacation must be observed and respected.
A leave request, once submitted and approved, is binding and cannot be withdrawn by the employee or unilaterally cancelled by the employer, even if the leave has not yet been confirmed. Unforeseen events, such as quarantine during the Corona pandemic, do not entitle the request to be revoked. Employers can only withdraw approved leave in extremely rare circumstances, such as corporate crises caused by mass sick leave. However, they are obligated to ensure employees' regular recreational leave.
Of course, if both parties agree, the employer and employee may rescind a previously approved leave.
An employer may deny a request for leave if urgent business requirements stand in the way of the employee's request for leave. An example of this could be the timely completion of an important order.
Other employees might be given preference due to social circumstances. Examples include employees who can only travel during school vacations due to their children, those with many years of service with the company or those who have special recreational needs due to their advanced age.
If a request for leave is not approved, employees should first seek a discussion with their manager to understand the reasons for rejection. Often, alternative solutions or compromises can be found through open communication. If no agreement can be reached, employees can turn to the works council or the HR department. In extreme cases, especially if there is a suspicion that the rejection was made without good reason, it is possible to seek legal assistance and resolve the matter before the labor court. However, it is always advisable to seek internal dialog first before taking formal steps.