Moving house is not only nerve-racking, it also takes a great deal of time. Working people can hardly spare this time. Therefore, many ask: Is it possible to take special leave for a move?
The Legal Starting Point: § 16 German Civil Code (BGB)
The best-known legal basis for taking special leave is the German Civil Code (BGB) and the Federal Vacation Act. § 16 explains the topic of temporary incapacity. Its first sentence reads:
The person obliged to perform a service shall not forfeit their entitlement to remuneration by being prevented from performing the service for a relatively insignificant period of time, through no fault of their own, for a reason inherent in their person.
Hidden behind this cumbersome construction is the statement that employees may have reasons to be absent from work for a short period through no fault of their own while continuing to receive their wages. This indirectly gives rise to an entitlement to special leave. A suitable reason may be a move.
Only for Work-Related Reasons
However, the scope is narrow. This also means that it must not be a move for private reasons. Consequently, the move
- must be required or ordered for work-related reasons and
- must necessarily take place during working hours.
In other cases, there is no legal entitlement. Although the BGB does not use the term special leave at all, an entitlement may nevertheless arise from it. However, this only applies if the employer transfers the employee to another place of work, thereby requiring a move to a new city. As a rule, employers grant employees one day of special leave in these cases.
Moving Leave: Collective Agreements, Special Leave Regulations and Other Bases
The entitlement and exact length of special leave for a work-related move may be stipulated, among other things, in a collective agreement or employment contract. In addition, the Special Leave Regulation applies to civil servants.
- Collective agreements: Many trade unions have negotiated benchmarks with employers’ associations specifying when and for how long employees can be granted paid or unpaid special leave. When assessing whether an employee is entitled to moving leave, is therefore advisable to consult the collective agreement. Many collective agreements, such as the one for the public service (TVöD), include the entitlement to one day of special leave for work-related moves.
- Works agreements: Some companies are not party to a collective agreement. Instead, they have concluded works agreements with employee representatives. These agreements may also contain an arrangement concerning special leave.
- Employment contracts: In addition, there may be employment contracts outside collective agreements that contain individual special-leave provisions.
- Special Leave Ordinance: The Special Leave Ordinance (SUrlV) applies to civil servants. It stipulates two days of special leave for an official move within Germany and three days of special leave for an official move abroad or back to Germany from abroad.
The duration of paid special leave for an official move therefore depends on the applicable collective or employment contract or, in the case of civil servants, on the applicable ordinance. However, an entitlement can be derived from the German Civil Code (BGB), which, according to experts, can only be extended beyond one day by additional provisions.
Only upon application!
In all cases, special leave is generally not granted automatically. Rather, those affected must apply for it and have it approved. Normally, the employer will not reject the application. Nevertheless, in individual cases it may be important to coordinate the moving date with operational procedures in such a way that the employer can compensate for the loss of work.
Special leave when changing jobs?
Changing jobs may involve moving house. This applies in particular if the new place of work is too far from the previous place of residence. Although the state provides extensive financial support if two homes are required during the transition period, a move must still be managed in this case as well.
However, changing jobs does not constitute an official reason for the new employer to be required to grant special leave. There is therefore no entitlement. Nevertheless, during the job interview or contract negotiations, those affected may, with some skill, reach an individual agreement on one or two days of special leave to manage the move to the new place of work. Here it is however, tact and sensitivity are required. After all, a demand that is too persistent can have a negative effect and, in the worst case, prevent the employment contract.
No paid special leave for private moves!
The legal basis also leads to the following conclusion: Employees are not entitled to paid special leave if they wish to move privately. However, there are other options for compensating for the effort involved in changing residence. These include:
- reducing overtime,
- using a flexitime account,
- applying for annual leave,
- applying for unpaid leave.
In all cases, employees require the employer’s approval. Even when using a flexible working-time account, being absent for an entire day generally needs to be agreed in advance.
The employer’s approval is particularly likely when
- employees take operational procedures into account when scheduling the move.
- there are few absences due to illness or other reasons.
- the time can, if necessary, be made up.
- the move is necessary due to a family or financial emergency.
- approval, for example for unpaid leave, is not passed on to third parties if necessary.
The basic principle is: It is advisable to be open and explain to the employer why the move is necessary and why time off is particularly important. After all, it is not in the employer’s interest for employees to manage the move while also having to work. In the worst case, this may negatively affect work performance.
This is what special leave is suitable for
Moving is time-consuming. Preparing for and following up on a change of residence requires a great deal of time. Special leave generally cannot compensate for these phases. Instead, people moving should use it either to cover the actual moving day or the resulting registration obligations.
Ideally, the move itself should take place on a weekday. For self-organized moves, vehicles and moving materials are then cheaper to rent. Many moving companies that are hired also offer cost advantages on weekdays. It is therefore worthwhile to move during the week, although this requires a day off.
Registering with the citizens’ office and re-registering with the relevant vehicle registration office may also take some time, depending on the location and the progress of digitization. The registrations can be completed on a manage their day off more relaxed, especially since many authorities have opening hours that are inconvenient for employees.
These examples show that approved special leave for a move can reduce stress. Even if the legal entitlement is not always clear, almost all employees have the option of requesting at least one day off.