Special leave

Employees may be granted special leave (Art. 28 TV-L) for good cause, waiving payment of remuneration. These are, in particular, family reasons. However, leave of absence is not limited to family reasons alone.

For organizational and budgetary reasons (e.g. because of the employment of a substitute), the leave of absence must be fixed in terms of calendar. It shall not exceed the duration of 15 years. Premature termination of the leave of absence is only possible in agreement with the employer. This also applies in principle if the employee becomes pregnant again before the end of the special leave (BAG v. 06.09.1994 - 9 AZR 221/93). For information on taking parental leave during special leave, please refer to the information on parental leave. During the special leave, no time off work can be granted in accordance with Art. 29 TV-L.

Secondary activities for remuneration may be performed or prohibited subject to conditions insofar as they conflict with the purpose of the leave of absence. They must still be reported to the employer in writing.

Special leave without pay has the following effects in terms of collective bargaining, social insurance and supplementary pension law:

1. Employment period: The period of special leave shall only be deemed to be a period of employment (Art. 34 para. 3 TV-L) if an official or operational interest in the leave of absence has been recognized by the employer.

2. Step runtime: In the case of leave of absence, it should be noted that promotion to the next higher level generally requires uninterrupted employment within the same pay group with the same employer (Art. 16 para. 3 TV-L). Periods of uninterrupted employment within the meaning of Art. 16 para 1 of the TV-L shall be deemed to be equivalent to harmless interruptions:

• periods of protection according to the Maternity Protection Act
• periods of incapacity for work up to 39 weeks according to Art. 22 TV-L
• periods of paid leave
• periods of special leave for which the employer has acknowledged an official interest in writing before the start of the leave
• periods of other interruptions of less than one month in a calendar year
• periods of temporary assignment to a higher-ranking position in accordance with Art. 14 TV-L.

Periods of interruption up to a duration of three years, which are not covered by the aforementioned circumstances, and parental leave as well as periods of interruption in the case of seasonal employees, are harmless, but are not counted towards the step term. This means that the step duration achieved before the interruption is seamlessly continued. In the event of an interruption of more than three years which is not in the interest of the service, assignment will be made to the step preceding the step attained prior to the interruption, but no lower than that of a new hire.

3. Compensation: There is no entitlement to remuneration for the period of leave without payment of remuneration; however, the following collective bargaining effects arise: Pursuant to Art. 24. para. 1 sent. 4 of the TV-L, remuneration components that are not defined in monthly amounts (non-permanent remuneration components) and the daily average pursuant to Section 21 of the TV-L shall be paid on the payday of the second calendar month following their accrual. The requirements of Art. 9 TVÜ-L and the related implementation notes must be observed.

4. Child benefit: Entitlement to statutory child benefit under the Income Tax Act or the Federal Child Benefit Act is not affected by leave of absence. During a leave of absence, the entitlement to the collectively agreed grandfathering allowance for child-related remuneration components is suspended. The provisions of Art. 11 TVÜ-L must be observed.

5. Continued payment of remuneration in the event of illness: Employees are not entitled to sick pay in the event of illness during leave without pay (BAG, judgment of November 17, 1977 - 5 AZR 599/76 - AP No. 8 to Art. 9 BUrlG).

6. Recreational leave, additional leave, special leave: Vacation leave, including any additional leave, shall be reduced by one-twelfth for each full calendar month of leave without pay (Art. 26 para. 2) TV-L). During a leave of absence without pay, no leave from work (Art. 29 TV-L) may be granted. For information on taking parental leave during special leave, see Art. 1. No. 3.2. 1 No. 3.2. Any vacation leave still due shall be forfeited during the period of leave without pay within the period provided for.

7. Anniversary bonus: The periods of unpaid leave of absence pursuant to Art. 28 TV-L shall only be counted towards the anniversary period if the employer has acknowledged an official interest in writing before the start of the special leave (Art. 23 para. 2 sent. 1 in conjunction with Art. 34 para. 3 sent. 2 TV-L).

8. Death benefit: Death benefits shall not be granted in the event of unpaid leave of absence (Art. 23. para. 3) sentence 1 TV-L).

9. Annual bonus: Da die Stichtagsregelung in Art. 20 para. 1 TV-L auf den rechtlichen Bestand des Arbeitsverhältnisses am 1. Dezember abstellt, besteht der Anspruch auf die Jahressonderzahlung grundsätzlich auch im Fall der Inanspruchnahme einer unbezahlten Beurlaubung gem. Art. 28 TV-L oder einer Elternzeit nach Art. 15 ff. des Bundeselterngeld- und Elternzeitgesetzes. Allerdings vermindert sich der Anspruch um ein Zwölftel für jeden Kalendermonat, in dem nicht für mindestens einen Tag Anspruch auf Entgelt oder Fortzahlung des Entgelts nach Art. 21 TV-L bestand. Eine Verminderung unterbleibt in den nach Art. 20 para. 4 TV-L abschließend geregelten Ausnahmefällen.

10. Capital-forming benefits: Für volle Kalendermonate einer unbezahlten Beurlaubung, in denen also an keinem Tag Anspruch auf Entgelt besteht, scheidet auch ein Anspruch auf vermögenswirksame Leistungen aus.

11. Social security: With regard to the effects of a leave of absence without pay on all branches of social insurance, it is recommended to obtain information from the relevant social insurance institution. The following information cannot replace the information. It is also necessary because social security law is subject to constant change.

With the beginning of the leave without pay, the obligation to insure and contribute to all branches of social insurance ends.

For the period of unpaid special leave, there is the possibility of voluntary continued insurance in the statutory health insurance under the conditions of Art. 9 para. 1 no. 1 SGB V. There is also the possibility of voluntary insurance in the statutory pension insurance (Art. 7, para. 232 SGB VI). In the case of voluntary insurance, the state does not pay an employer's contribution for the period of leave and also does not pay an employer's contribution subsidy for voluntary or private health insurance in accordance with Art. 257 SGB V.

Pursuant to Art. 43 to 45 of the German Social Code, Book VI, pensions for reduced earning capacity are only awarded if the insured person has worked in an insurable job for at least three years in the five years preceding the onset of reduced earning capacity. The period of leave without pay could therefore lead to a loss of eligibility for a reduced earning capacity pension. Persons on leave of absence who are interested in maintaining their disability protection are advised to contact the relevant pension insurance institution to avoid any disadvantages.

12. Zusätzliche Alters- und Hinterbliebenenversorgung: With regard to the effects of a leave of absence without pay on subsequent entitlements in the company pension scheme, it is recommended that information be obtained from the Versorgungsanstalt des Bundes und der Länder (VBL), Hans-Thoma-Strasse 19, 76133 Karlsruhe, Germany, and that the website www.vbl.de be consulted.

1. Fill out application: Fill out an APPLICATION FOR EXEMPTION.
2. Submit request: Please submit your request to the Human Resources Department early..

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The above information cannot replace any information that may be required in individual cases. If you have any questions or require clarification, please contact the following colleagues in the Human Resources department: