Can I take vacation during my probationary period?

Have you started a new job and are wondering whether you can take vacation during your probationary period? The good news is that in most cases you can - but there are clear rules. In this article, you will find out how vacation entitlement during the probationary period is regulated by law, what applies in the event of termination and what you should pay attention to.

Vacation during the probationary period? Generally yes!

The probationary period is the initial period of your employment relationship during which the employer and employee get to know each other. It usually lasts six months - regardless of whether you work full-time, part-time or in a mini-job. According to Section 622 of the German Civil Code (BGB), the probationary period may not be longer than six months.

Many people think that you are not allowed to take vacation during this time. But that's not true. According to Section 4 of the German Federal Leave Act (BUrlG) , your full leave entitlement only arises after six months - but you already have a pro rata entitlement before then. This means that for every full month you work, you accumulate approximately one twelfth of your annual leave.

So if you need leave after two months, you are also entitled to around two twelfths of your annual leave. Important: You should always discuss vacation during the probationary period with your employer early and openly. Many companies are accommodating (and allow you to take more days), especially if the vacation was already planned before you started work.

How much vacation am I entitled to during my probationary period?

The statutory minimum vacation in Germany is 24 working days per year with a six-day week - this corresponds to 20 working days with a five-day week. During the probationary period, you are entitled to this leave in proportion to the time you have worked.

An example: If you want to take vacation after three months and your annual leave is 24 days, you are already entitled to 6 vacation days. Some companies also grant more generous leave arrangements - this depends on the employment or collective agreement.

If you want to know more about how to present yourself well during these important first months, read our article on mistakes during the probationary period.

Vacation entitlement in the event of termination during the probationary period

What happens if you resign - or your employer does?

Even if you are dismissed during your probationary period, you will retain your pro rata vacation entitlement. You can either take it during your remaining working hours or have it paid out to you if this is no longer possible. Your employer may not deduct vacation days that you have already taken, even if you ended up with less entitlement than originally planned.

You can also find detailed information in our article on vacation entitlement in the event of termination.

Probationary period, employment law and job search in Germany

The probationary period is often associated with uncertainty, especially if you are new to Germany. It is therefore worth familiarizing yourself with German employment law and your rights as an employee at an early stage. Issues such as maternity leave or parental leave may also play a role later on. You can find out more about leave entitlement during parental leave and maternity protection here.

At WorkerHero, you will not only find suitable jobs for professions in trades, warehousing or technology - you will also get all the information you need to find your way around the German job market. We explain what tasks await you in your profession, how much you can earn and how you can apply successfully - especially if you are coming from abroad and are reorienting yourself. WorkerHero is there for you if you are looking for more than just a job: a fair start, clear information and real prospects.