Annual leave in Austria and Germany
Leave is the part of a small team’s admin most often kept in a spreadsheet, and the part where small mistakes add up: a balance nobody checked, or leave everyone assumed had lapsed. This is what the law says in Austria and Germany, and how to keep track of it.
This is general information, not legal advice. Collective agreements, works agreements and employment contracts often give more than the law. For a specific case, ask your chamber or trade association, or an employment lawyer.
Austria: the Leave Act
How much leave
30 working days a year, counted as Werktage (Monday to Saturday), which is five weeks: 25 days for someone who works Monday to Friday. After 25 years of service it is 36 Werktage, or six weeks (section 2 Urlaubsgesetz). Some earlier periods of employment and education count towards the 25 years. Part-time employees get the same number of weeks, in proportion to the days they work.
When it builds up
In the first six months of employment, leave builds up in proportion to the time worked. From the seventh month the full year’s entitlement applies, and from the second year it arises in full at the start of each leave year. By default the leave year is the employee’s work year, starting on the anniversary of their first day; a collective agreement or works agreement can switch it to the calendar year.
When it is taken
The timing is agreed between employer and employee, taking account of the needs of the business and the employee’s chance to rest. Neither side can set it alone. One exception: once a year, employees can choose one day of their leave as a personal holiday, by telling the employer in writing at least three months in advance (section 7a Arbeitsruhegesetz).
When it lapses
Unused leave expires two years after the end of the leave year in which it arose, so each year’s leave can be used for three years in all (section 4 (5) Urlaubsgesetz). Since a 2023 ruling of the Supreme Court, which follows the Court of Justice of the EU, at least the four weeks guaranteed by EU law only expire if the employer asked the employee in time to take the leave and pointed out that it would otherwise expire (OGH, 27 June 2023, 8 ObA 23/23z).
Germany: the Federal Leave Act
How much leave
At least 24 Werktage a year, based on a six-day week, which is 20 days for someone who works Monday to Friday (section 3 Bundesurlaubsgesetz). Many employment contracts and collective agreements give more. Employees with a severe disability get five more days (section 208 SGB IX). Public holidays are not leave days, and which days are public holidays depends on the federal state.
When it builds up
The full entitlement applies once someone has been employed for six months (section 4). Anyone who leaves before then, or who cannot complete six months in the calendar year, gets one twelfth of the annual leave for each full month (section 5).
When it is taken
The employer grants leave and has to follow the employee’s wishes, unless urgent operational reasons or the wishes of other employees that deserve priority stand against them (section 7 (1)). Leave has to be taken in the calendar year; it carries over to 31 March of the following year only for urgent operational or personal reasons (section 7 (3)).
When it lapses
Only after a clear notice from the employer. Since the Court of Justice of the EU ruled in 2018 (C-684/16) and the Federal Labour Court followed (BAG, 19 February 2019, 9 AZR 423/16), leave lapses only if the employer told the employee in good time how many days are left, asked them to take them, and warned that they would otherwise lapse. Without that notice the leave carries on, and the three-year limitation period does not start either (BAG, 20 December 2022, 9 AZR 266/20).
Austria and Germany at a glance
| The question | Austria | Germany |
|---|---|---|
| Statutory leave in a five-day week | 25 days (30 Werktage) | 20 days (24 Werktage) |
| After long service | 30 days after 25 years of service | No statutory increase |
| Full entitlement | From the seventh month of employment | After six months of employment |
| Leave year | The work year, or the calendar year by agreement | The calendar year |
| When unused leave lapses | Two years after the end of the leave year | At the end of the year, or on 31 March with good reason |
| What the employer has to do first | Ask in time and warn that the leave will expire | Name the days left, ask in time and warn that they will lapse |
Keeping track of leave in a small team
Most disagreements about leave start with a number nobody checked. What helps:
- One place for requests and approvals. Leave agreed in a corridor or a chat is easy to forget and hard to prove.
- Put leave where the work is planned. If the project plan cannot see that someone is off, someone else finds out on the day.
- Send the notice in writing, early. In both countries the employer has to point out open leave in time. A short note at the start of the year with each person’s days and deadline, and a reminder in autumn, is a common approach.
- Know which year each day comes from. In Austria, leave from up to three years can be open at once.
In ONE, team members request leave and the request goes to approval. Approved leave lands in the team calendar and the virtual office, next to the projects it affects, so planning the week starts from who is actually there. More on time tracking and leave in ONE.
Frequently asked questions
How many days of leave do employees get in Austria?
25 working days a year in a five-day week (30 Werktage), and 30 working days after 25 years of service.
What is the statutory minimum leave in Germany?
20 days a year in a five-day week (24 Werktage). Many employment contracts and collective agreements give more.
Does unused leave lapse?
In Germany at the end of the calendar year, or on 31 March with good reason; in Austria two years after the end of the leave year. In both countries, at least the four weeks guaranteed by EU law only lapse if the employer asked the employee in time to take them and warned that they would otherwise lapse.
Can the employer decide alone when someone takes leave?
In Austria, no: the timing is agreed between both sides. In Germany the employer grants leave, but has to follow the employee’s wishes unless urgent operational reasons or other employees’ wishes take priority.