Special Leave (Sonderurlaub) – Definition, Entitlements & HR Tips

Special leave (Sonderurlaub) is a paid or unpaid release from work for personal reasons – for example, marriage, bereavement, or the birth of a child. A general statutory entitlement exists only in limited form under § 616 of the German Civil Code (BGB), which is excluded in many employment and collective agreements. Specific rules are more commonly found in collective agreements (e.g. TVöD § 29) or voluntary workplace agreements.

What Is Special Leave?

Special leave refers to a temporary release from the duty to work, granted on the basis of a specific personal event. It is clearly distinct from regular annual leave under the Federal Leave Act (Bundesurlaubsgesetz, BUrlG): while annual leave serves the purpose of rest and recovery and is based on a separate statutory entitlement, special leave is tied to concrete life events – such as a wedding, a bereavement, or the birth of a child.

Special Leave vs. Special Exemption (Sonderfreistellung)

The terms Sonderurlaub (special leave) and Sonderfreistellung (special exemption) are often used interchangeably in everyday practice. There is no significant legal distinction between them. The term Sonderfreistellung places more emphasis on the employer's unilateral act of releasing the employee, while Sonderurlaub highlights the employee's application or request. In practice and in collective agreements, the term Arbeitsbefreiung (work exemption) is more commonly used.

Legal Basis: § 616 BGB

The most important statutory foundation for special leave in Germany is § 616 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). It stipulates that employers are obliged to continue paying wages if employees are temporarily unable to work due to a personal reason beyond their control, for what the law calls "a relatively insignificant period of time."

What Exactly Does § 616 BGB Regulate?

§ 616 BGB applies to short-term, personal obstacles to work – events that arise unexpectedly and temporarily prevent an employee from performing their duties. The legislator does not specify concrete qualifying events or the number of days. These details are left to case law and collective bargaining agreements.

Important: § 616 BGB only applies when the reason for the inability to work lies in the person of the employee and they bear no fault for it. The duration of the release must be "relatively insignificant" – in practice, this typically means one to a few days.

When Does § 616 BGB Not Apply?

§ 616 BGB is non-mandatory (dispositive) law – meaning it can be restricted or entirely excluded by an employment contract or collective agreement. In many companies and industries, this is exactly the case. If the contract contains no explicit provision, § 616 BGB applies by default.

If neither § 616 BGB nor a collective agreement applies, employees have no enforceable right to paid special leave. Unpaid special leave may then be agreed upon by mutual consent.

Qualifying Events for Special Leave: An Overview

The table below provides orientation based on TVöD § 29 (collective agreement for public sector employees). Rules in the private sector may differ.

Note: No uniform rules on the number of days apply in the private sector. The specific duration depends on the employment contract, a workplace agreement (Betriebsvereinbarung), or a mutual arrangement.

Marriage and Registered Civil Partnership

Under TVöD, one day of special leave is granted for a marriage or registration of a civil partnership. Many private-sector employers also grant 1 to 3 days in practice – however, outside collective agreements, no statutory entitlement exists automatically.

Birth or Adoption of a Child

TVöD provides for one working day of special leave upon the birth or adoption of a child. Note: this entitlement applies to the non-birthing parent. The birthing parent has their own statutory protections under maternity law (Mutterschutzgesetz).

Bereavement and Funeral

In the event of the death of a close family member – particularly a spouse, child, or parent – TVöD provides an entitlement of 1 to 2 days of special leave. Outside the public sector, the entitlement depends on contractual arrangements.

Relocation

Under TVöD, relocation of a household only triggers a special leave entitlement if the move is work-related. For private relocations, there is no statutory entitlement – though many employers voluntarily grant one day.

Paid vs. Unpaid Special Leave

Special leave may be granted as paid or unpaid:

Paid special leave applies when § 616 BGB is in effect, or when a collective or contractual agreement explicitly provides for continued wage payment. The employee continues to receive their regular salary.

Unpaid special leave comes into consideration when no statutory or collective entitlement exists, but employer and employee agree by mutual consent on a period of release from work. Typical examples include extended absences for caregiving, personal projects, or voluntary activities.

For caregiving leave (Pflegezeit), a separate statutory framework exists under the Caregiving Leave Act (Pflegezeitgesetz, PflegeZG), which is distinct from special leave.

Special Leave in Employment and Collective Agreements

Collective Agreement Provisions (TVöD, TV-L)

TVöD § 29 regulates paid work exemption in the public sector with concrete qualifying events and day counts. Similar provisions are contained in the TV-L (collective agreement for state employees). Anyone working in a collectively bargained environment should always check the applicable agreement first.

In the private sector, numerous industry-wide and company-level collective agreements exist that may contain their own rules – sometimes more generous than TVöD, sometimes more restrictive.

Voluntary Workplace Agreements (Betriebsvereinbarungen)

Many companies regulate special leave through a workplace agreement (Betriebsvereinbarung) – a written agreement between the employer and the works council (Betriebsrat). This provides legal certainty for both parties and establishes clear, consistent rules. A workplace agreement can also create entitlements where neither the individual employment contract nor an applicable collective agreement contains specific provisions.

As an HR professional, it is worthwhile to develop and formalise a dedicated special leave policy within your organisation – ideally as a workplace agreement or employee guideline.

Practical Guidance for HR Professionals

Clear internal rules on special leave prevent conflicts and build trust. The following points support effective implementation:

Application Process and Documentation

• Special leave requests should be submitted in writing (date, reason, requested period).
• Employees should provide relevant supporting documents (e.g. marriage certificate, death certificate).
• Short-notice events (e.g. bereavement) should be reported as early as possible.
• Document all requests and approvals – this protects against disputes at a later stage.

Special Leave as an Employer Branding Tool

Special leave has long since moved beyond a mere legal obligation – it is part of an attractive employer profile. Companies that communicate generous special leave policies strengthen their employer branding and increase their appeal in the competition for skilled professionals. Younger employees in particular place significant weight on additional benefits and lived company culture when choosing an employer.

Frequently Asked Questions About Special Leave

What is special leave (Sonderurlaub)?

Special leave is a temporary release from work for a specific personal reason – such as a wedding, the birth of a child, or a bereavement. It is distinct from regular annual leave under the Federal Leave Act (BUrlG).

What is the legal basis for special leave in Germany?

The central legal basis is § 616 BGB. It obliges employers to continue wage payments in the event of a short-term personal inability to work. However, § 616 BGB may be restricted or excluded by employment or collective agreements. In the public sector, TVöD § 29 provides concrete rules.

What events qualify for special leave?

Typical qualifying events include: marriage, birth or adoption of a child, death of a close family member, relocation, and in some cases serious illness of a child. The specific entitlement depends on the applicable collective agreement, employment contract, or workplace agreement.

How many days of special leave am I entitled to?

There is no uniform statutory entitlement to a specific number of days. In the public sector (TVöD § 29), for example, 1 day is provided for marriage and 2 days for the death of a spouse. In the private sector, individual rules apply.

Does special leave have to be paid?

This depends on whether § 616 BGB applies or whether a collective or contractual provision requires continued wage payment. If neither is the case, unpaid special leave may be agreed upon by mutual consent.

Can an employer refuse special leave?

Where a statutory or collective entitlement exists, refusing special leave is legally problematic. Where special leave is voluntary and has no contractual basis, refusal is generally permissible. Establishing clear internal rules is recommended to prevent conflicts.

What is the difference between Sonderurlaub and Sonderfreistellung?

Both terms are often used interchangeably. There is no significant legal distinction. In collective agreements, the term Arbeitsbefreiung (work exemption) is more commonly used.

How do I apply for special leave?

The request should be submitted in writing and as early as possible – stating the reason, date, and requested period. Relevant supporting documents (e.g. marriage certificate, death certificate) should be attached. For short-notice events, the employer should be informed as soon as possible.

Conclusion

Special leave is an important topic for HR professionals – both legally and culturally. The statutory protection offered by § 616 BGB provides only a basic framework, which can moreover be excluded by contract. Concrete entitlements arise from collective agreements (particularly TVöD § 29) or internal company rules.

As an HR professional, you should establish clear, written special leave policies within your organisation – whether as a workplace agreement or a company guideline. This creates legal certainty, prevents conflicts, and strengthens trust across the workforce.

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Sources

• § 616 BGB – Temporary Impediment to Performance. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__616.html
• TVöD § 29 – Work Exemption. Association of Municipal Employers (VKA), 2024. https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/oeffentlicher-dienst/tvoed.html
• Federal Ministry of Labour and Social Affairs (BMAS) – Overview of Leave Law, 2024. https://www.bmas.de/DE/Arbeit/Arbeitsrecht/Arbeitnehmerrechte/Urlaub/urlaub.html
• Haufe Editorial: Special Leave – Entitlements and Regulations, 2024. https://www.haufe.de/personal/arbeitsrecht/sonderurlaub