How can I take leave if I am summoned to testify in court?
Legal right
Under German law (Section 616 BGB), if you receive an official court summons (Ladung)
to appear as a witness or as a party to legal proceedings,
you are legally obliged to attend and you are entitled to be absent from work for the necessary period of time.
Your employer may not prevent you from attending and may not deduct pay for those hours or that day
if you provide the official summons as proof.
What you should do in practice
A. Inform your employer immediately
As soon as you receive the court summons:
Inform your manager or the HR department – in writing or verbally – that you are legally required
to attend court on the specified date and at the specified time.
Provide a copy of the summons (Ladung als Zeuge/Angeklagter, etc.) as official evidence.
B. Have your absence recorded officially
Ask for your absence to be recorded as legal special leave, for example as
“Sonderurlaub / paid release from work under § 616 BGB”.
Indicate the expected duration – this may be a full day or just a few hours,
depending on travel time and the length of the court session.
C. After you return to work
If your employer asks for proof of attendance, you can request a confirmation of attendance (Nachweis der Anwesenheit)
from the court and submit it to HR or management.
Important notes
Your employer cannot lawfully refuse your absence or impose disciplinary measures
if your absence is due to an official court summons.
If your employment contract or company rules explicitly exclude continued payment under § 616 BGB (this is rare),
your absence may be unpaid,
but your right to be absent for the court hearing itself still remains.
Do not forget to apply to the court for reimbursement of expenses / witness compensation (Zeugenentschädigung),
if such compensation is available (e.g. travel expenses, loss of earnings).
Quick summary
An official court summons gives you a legal right to be absent from work for the required time.
Provide a copy of the summons to HR and ask for your absence to be registered as special leave / paid release.
In practice, such absence is usually treated as paid or at least non-disciplinary leave,
as long as you follow the proper procedure and inform your employer in advance.
The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully verified. Please treat this article as an initial reference and always contact the competent authorities or legal professionals for binding, up-to-date advice.
