Can my employer refuse my request for unpaid leave?
Your question is important and comes up very often, especially when it comes to unpaid leave (unbezahlter Urlaub).
Here is what you need to know and what you can do if your employer refuses your request for unpaid leave:
In Germany, unpaid leave is not an automatic statutory right.
This means: your employer is not obliged to grant unpaid leave unless:
your employment contract,
a collective agreement (Tarifvertrag),
a works agreement or
internal company regulations
expressly grant you this right.
If there is no such provision and no established practice in the company, the decision lies entirely at the employer’s discretion.
a) Try to talk and negotiate
First, have a calm and open conversation with your employer or supervisor.
Explain your reasons and personal situation clearly.
Propose compromise solutions, for example:
splitting the leave into shorter periods,
partially unpaid leave combined with regular leave,
temporary reduction of working hours,
offering to compensate with extra tasks or overtime at another time.
Sometimes the refusal is mainly due to workload, staffing levels or a critical business phase.
If you can offer a practical alternative (e.g. replacement arrangements, flexible scheduling), your employer may be more willing to reconsider.
b) Involve the works council or your union
If there is a works council (Betriebsrat) in your company, consult them.
They often know the internal practices and can mediate.
If you are a member of a trade union (Gewerkschaft), you can get:
advice on your legal position,
help drafting your request,
or support in discussions with your employer.
In special personal situations (family emergencies, serious illness, long-term care issues), the backing of a works council or union can be very helpful.
c) Check whether you have a special legal entitlement
There are situations in which the employer is legally obliged to grant some form of unpaid leave or unpaid release from work, for example:
Parental leave (Elternzeit)
Care leave (Pflegezeit / Familienpflegezeit) to care for close relatives
Certain forms of educational leave, depending on the federal state
Specific obligations or public duties (e.g. jury service, volunteer fire brigade, THW, etc.)
If your situation falls under such a special statutory right, then:
your employer has no discretion, and
you can formally assert your claim, if necessary with legal support.
d) Request written approval or document the refusal
Always submit your request for unpaid leave in writing (e-mail or letter).
Clearly describe the period, reason and any proposed compromises.
Keep both your request and the employer’s reply (approval or refusal).
This gives you:
proof that you submitted a proper request in time,
a basis to renegotiate later, or
evidence if your situation changes and an exception becomes possible.
You must not simply take unpaid leave on your own without the employer’s consent.
If you do, this will be treated as:
a breach of duty,
unexcused absence,
and may lead to:
a written warning (Abmahnung),
or, in serious or repeated cases, even termination of your employment.
Even if your personal reasons are very understandable, taking leave unilaterally is legally very risky.
If you feel that your employer is refusing without good reason, especially in a serious personal situation, you can:
Contact a higher management level or the HR department.
Submit a new, more detailed written request, explaining:
the personal circumstances (illness, family emergency, once-in-a-lifetime situation),
the potential impact if the request is denied.
In some cases, especially after repeated, unreasonable refusals in hardship situations, stronger steps may be considered, such as:
more active involvement of the trade union, or
in the public sector, even public or media attention – though this should be seen as a last resort and only after proper legal advice.
Unpaid leave is not an automatic right in Germany.
An employer may generally refuse your request if there is no statutory or contractual entitlement.
Dialogue, negotiation and flexibility are usually the best ways forward.
Check whether you have a special legal entitlement (e.g. parental leave, care leave).
Never take unpaid leave on your own initiative – always obtain clear, preferably written approval.
The editorial team of this website strives to provide accurate information based on intensive research and multiple sources. Nevertheless, errors may occur or information may be incomplete or not yet finally confirmed. Please consider the information in this article as an initial point of orientation only and always contact the responsible authorities, counselling centres or specialised lawyers for binding and up-to-date advice.
