Educational leave: It doesn’t work, doesn’t exist

What is educational leave?

In Convention No. 140 of the International Labor Organization (ILO) on paid educational leave of June 24, 1974, the Federal Republic of Germany undertook to introduce paid educational leave for the purposes of vocational training, general and political education and trade union training. Since the federal states are responsible for education in Germany, they have also passed corresponding laws. At least almost all of them: Bavaria and Saxony are currently the only two federal states in which there is no legal entitlement to educational leave.

How is that regulated?

For educational leave (referred to as educational leave or educational time in some federal states), the employer must give its employees paid leave for further training. Employees (in 14 out of 16 federal states) have a legal right to this. Educational leave is granted in addition to the regular leave entitlement. The content of the further training does not (!) have to be related to the professional activity.

How many days of educational leave do I get?

As a rule, there is an entitlement to five days of educational leave per year or ten days in two years.

I live and work in different federal states. Which rules apply to me?

The place where you work. This can also be the home office if that is your main workplace. Sometimes the exact location cannot be determined. If in doubt, ask the works or staff council.

I can’t take extra vacation because I have too much work.

It is a matter and is part of the employer’s duty of care to enable employees to undergo further training, whether through appropriate work organization or – in the case of constant order pressure and staff shortages – by hiring additional employees.

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Text: Christiane Nölle

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