Special leave when moving house: When am I entitled to it?

You have found your dream property and are looking forward to the day you move in. If it weren’t for the extensive arrangements that have to be made as part of the move. Dealing with the authorities, clearing out, packing moving boxes, transporting and assembling furniture – these are just some of the burdens you will face during the move. In this case, special leave for the move would be a good way to take your time to complete all the tasks related to the move, which can hardly be done at the weekend or after work. Find out here whether you are entitled to special leave for moving as an employee and how you can minimise moving stress. 

Is there any statutory special leave for the move?

The sobering news first: there is no blanket legal entitlement to special leave when moving house. However, there are other grounds for special leave. For example, according to section 616 of the German Civil Code (BGB), employees are entitled to payment despite absence from work due to illness or care. There is also a legal right to special leave if there is a death in the immediate family. Fathers are also entitled to special leave for the birth of their child, while mothers are guaranteed maternity leave. 

How to secure special leave for the move

Although there is no special leave for moving by law, there are some situations in which you can apply for this special paid leave as an employee. Specifically, two conditions must be met.

• The move takes place during working hours

This condition is the basis for obtaining special leave. If the move takes place during working hours, it is a temporary prevention. It is important that the absence from work is proportionate to the time required for the move. If you are absent from work for a disproportionately long time, you are no longer entitled to special leave. 

• The move was not the fault of the employee

The second condition is met if the reason for the absence directly affects you, but you are not absent from work through your own fault. Directly affects you, but you are not absent from work through your own fault. If you move to another property, you are directly affected. If the move is also related to your job, you can take special leave. A company reason exists, for example, in the case of a transfer to another city.  

In most cases, you will be granted special leave away from the legal route. It may be that certain provisions regarding special leave in the event of a move have been made in the employment contract, collective agreement or company agreements. For example, certain collective agreements regulate the entitlement to special leave in the event of a move in detail. In any case, you should therefore check your contractual provisions before claiming continued payment of wages for the move.

How to get time off on moving day

If you are not granted special leave for the move, you can still resort to other ways to manage the move without worry. 

Do you still have regular leave days that you can take? Then why not plan them for your move? This decision will certainly pay off, as it will allow you to fully concentrate on the move without being distracted with work issues. This way, you can avoid packing or hauling boxes after a long day at work.

While you should normally have no problems realising regular leave days, it might be more difficult if you have already taken all your leave days. In that case, you still have the option of taking unpaid leave. There is no legal right to unpaid leave, but if you have a good relationship with your supervisor and can justify the leave with good arguments, there should be no obstacles to this possibility. Similarly, accumulated overtime in your working time account can be used for your moving day.  

For example, provide the argument that you will be able to fully concentrate on your work again after the move and that a quick, smooth move will therefore also help your work performance. In addition, your employer will certainly understand that moving into your new property is bound to a certain time schedule. Furthermore, moving costs can be saved if you decide to move on a weekday. Removal companies often quote higher prices on weekends due to high demand, making it well worth switching to times that are less in demand. 

Conclusion

Even if, unfortunately, special leave is only granted in the rarest of cases, you should not allow yourself to be restricted by this when planning your move. If there is no legal basis for this, it is advisable to resort to alternatives such as using overtime or regular leave.