Does my leftover leave expire at year's end?
Only if your employer warned you. Under the Federal Leave Act (§ 7 BUrlG), leave must in principle be taken within the calendar year; a carry-over into the next year (until 31 March) applies only for operational or personal reasons. But: the ECJ and the Federal Labour Court clarified — leave only expires if the employer told you in time and specifically about your leftover leave and asked you to take it, including a note about the looming expiry. Without that notice your leave remains — and doesn't simply lapse after three years either.
📋 The rules
- Leave is in principle to be taken within the calendar year (§ 7 BUrlG)
- Carry-over until 31 March only for operational/personal reasons
- Expiry only with a timely, specific employer notice
- Without notice: leave remains (ECJ/Federal Labour Court)
- Even limitation starts only once the employer has properly informed you
🔓 Exceptions
- Long-term illness: leave expires only 15 months after the end of the leave year
- On ending the employment, untaken leave is paid out (compensation)
- Contractual extra leave days may have their own, shorter expiry rules
⚠️ Penalties & fines
It's about your claim. If your employer didn't warn you in time about leftover leave, you can still take it or have it paid out at the end of the contract (leave compensation). So don't write off 'expired' days hastily — claim them in writing. In a dispute the works council, the union or employment-law advice helps; if needed the labour court decides.
📎 Official sources
- § 7 BUrlG · Timing, transferability and compensation of leave →
- Federal Labour Court · Leave expires only after notice (press) →
- DGB · Leave entitlement and expiry →
❓ Frequently asked
Does my leave expire on 31 December?
Only if your employer warned you in time and specifically about your leftover leave and the looming expiry. Without that notice, the leave remains and carries into the new year — so ruled the ECJ and the Federal Labour Court.
What must the employer do for leave to expire?
Clearly inform you how many leave days you still have, ask you to take them, and warn that they'll otherwise expire. Only if the employer meets this duty to cooperate can leave expire at year's end.
Can I still take old leave from previous years?
Often yes. If you weren't warned about the expiry, even older leave remains — it doesn't automatically lapse after three years. Claim the days in writing before writing them off.
Will untaken leave be paid out?
Not during the employment — leave is for rest. But if the employment ends, untaken leave days must be paid out (leave compensation).
What applies during long illness?
With continuous incapacity, statutory leave expires only 15 months after the end of the leave year. Until then the entitlement remains, even if illness prevented you from taking it.
🔎 Common searches
What people search to land here:
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