As a student assistant, you are entitled to paid leave in accordance with the Federal Leave Act (BUrlG). You apply for your leave at the institution where you work as a student assistant (e.g. institute) and have it approved by the department responsible for human resources. The HR department will book your leave and calculate the amount of your remaining leave entitlement.
The BUrlG stipulates a statutory minimum annual leave of 24 working days (WT), whereby the legislator assumes a 6-day week, i.e. 6 WT of leave are credited for a full week of leave. In practice, the different working day models are taken into account through individual conversion, thus achieving equal treatment.
Vacation entitlement
The full leave entitlement of 24 WT is acquired for the first time after six months of employment and can only be taken in full at that point. Prior to this, only partial leave entitlements are earned (e.g. 3/12 of 24 WT = 6 WT). Vacation is granted in full vacation days and not in working hours, as it is generally assumed that the hours are distributed equally.
In practice, however, it is often the case that student assistants distribute their working hours irregularly and work according to work requirements in the institution. It is therefore important to ensure that the hours worked during the paid vacation period are in proportion to the hours to be worked.
If there is a public holiday in a working week, the regular weekly working hours to be worked are reduced by 1/6 of an hour (2/6 pp. if there are 2 public holidays).
However, the remaining number of hours must be worked, as only hours actually worked are remunerated.
Illness during vacation
In the event of illness during vacation, the days of incapacity for work evidenced by a medical certificate shall not be counted towards the vacation entitlement and shall be credited again.
Student assistants with disabilities
Severely disabled employees (from 50 % GdB) are entitled to additional severely disabled leave in accordance with § 125 SGB IX. The additional leave entitlement amounts to a maximum of 6 working days per leave year. A corresponding certificate confirming the severely disabled status must be submitted to the department responsible for personnel.
Forfeiture of vacation entitlement
The vacation year is the calendar year. This means that the leave must be granted and taken in the current calendar year, otherwise it will expire at the end of December 31. Vacation can only be carried over until 31.03. of the following year for urgent operational or personal reasons, for which the vacation was not taken.
You are responsible for applying for vacation time in good time. Leave entitlements are not paid out.
Please claim your vacation in the respective employment relationship in order to prevent the loss of vacation days not taken in the event of a contract interruption.
- Fill out the application: Fill out the APPLICATION FOR SHKs. Sign the application by hand or digitally (signature with DFN certificate).
- Clarify representation: If necessary, clarify your representation and have your representative also sign the application.
- Obtain approval: Coordinate your planned leave with your supervisor and have the leave request signed by your supervisor. Supervisors must ensure that the approved leave periods are adhered to. Any deviations must be reported to the Human Resources department (urlaub@leuphana.de).
- Submit the application: Submit the signed vacation request by e-mail to the Human Resources department at (urlaub@leuphana.de).
- Wait for approval: The Human Resources department will check your application for possible contractual changes and your remaining leave entitlement and inform you whether your leave has been approved.
- Take your vacation: Please note that vacation days and duty/work leave may only be taken once you have received approval from the Human Resources department, or alternatively if the leave has been approved in writing by your line manager beforehand and the leave is still available. If the Human Resources Department determines during the final review that the requested vacation days are not available to the extent required, the missing days will be counted as absences that can be compensated by future vacation days or overtime. Special leave may only be taken with the prior approval of the Human Resources Department.
It is expressly pointed out that the notes contain summarized information on the relevant legal provisions and cannot replace the study of these legal provisions. It does not contain information on all detailed questions and does not take into account any individual particularities. The above information is therefore no substitute for any information that may be required in individual cases. If you require clarification or have any questions, please contact the following colleagues in the Human Resources department at urlaub@leuphana.de.