Can you actually take vacation during the probationary period?

When you start a new job, you often don’t dare to take a few days off. Employees are also entitled to holiday during the probationary period.

Can you actually take vacation during the probationary period? This question must have crossed the mind of anyone who has ever changed jobs. Often we wave it off inwardly and let the thought drop. Because the inhibitions to take time off in the first few days at the new job seem too big.

Above all, many employees believe that it is not legally possible to take vacation during the probationary period. Many superiors are also willing to let them believe this. But this is a myth.

Can you take vacation during the probationary period?

Mainly because of the shortened ones notice period of two weeks, employees shy away from asserting their holiday entitlement during the probationary period. But the fact is: the claim exists.

The full annual leave entitlement arises according to Federal Vacation Act only after six months of service. However, since the maximum permissible length of the probationary period corresponds exactly to this period, the misconception that one was not allowed to take vacation beforehand developed at this point in the past.

How much holiday am I entitled to during the probationary period?

Overall, the Federal Holidays Act provides for an annual minimum holiday of 24 days based on a six-day week. If you work a five-day week, you are legally entitled to 20 vacation days. Employers often give even more vacation time than legally required.

With every month of service, employees acquire one partial claim of the leave specified in the employment contract in the amount of one twelfth per month. The process already begins during the probationary period and can therefore also be asserted.

In addition, the Duty of the employer to take into account the holiday wishes of each employee when planning the overall holiday in the company, even during the probationary period.

The supervisor can refuse the vacation request if urgent operational reasons or the vacation requests of colleagues speak against it. However, the probationary period of a newly hired person does not constitute an operational reason for refusing to take leave.

Holiday entitlement when changing jobs

If you change your employment relationship in the current year and you have already taken holiday with your old employer, you will not automatically get the full holiday entitlement again in the new job according to the Federal Holidays Act.

“When the employment relationship ends, the employer is obliged to issue the employee with a certificate of the holiday granted or paid for in the current calendar year,” it says in the legal text. This is to prevent employees from taking vacation twice.

Although this regulation has nothing to do with the probationary period in legal terms, it can affect holiday entitlement during this phase. So if you start a new job, you should keep an eye on how much vacation you have already taken.

Entitlement to vacation leave during the probationary period

Anyone who actually gives notice or is given notice during the probationary period may also be entitled to remaining leave. Because here too, the employee may take as much vacation time as he has previously earned. In this case, the employer must grant the holiday.

In addition, remaining vacation days do not expire automatically when the employment relationship ends. The opposite is even the case: if time allows, all remaining vacation days are to be used by the employee.

If there is not enough time left before the end of the working day, the employee can claim compensation for the vacation that has not been granted in the form of a payout demand.

Conclusion: vacation during the probationary period

Employees are also entitled to vacation during the probationary period. The number of days is based on the length of service and how much of the annual leave the person has already used up.

After termination, employees must take the remaining vacation time within the notice period if possible – otherwise the employer must pay out the remaining entitlement.

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