Holiday Entitlement Upon
Termination Calculator
Calculate statutory and contractual remaining leave and holiday compensation when leaving employment in Germany under BUrlG §5: departures in the 1st vs. 2nd half-year, 6-month waiting period, and pro-rata clauses.
Statutory minimum (20 days for 5-day week) + contractual surplus leave
Under BUrlG §4, full statutory leave is acquired only after 6 months of continuous employment
Prorates contractual leave above the statutory minimum upon mid-year departure
Remaining leave:
Based on German BUrlG incl. correct rounding. Non-binding result – please verify with HR or legal counsel.
Get your result in 3 steps
1. Enter contract data
Set your annual leave and working days per week using the sliders.
2. Specify exit details
Select the exit month, check waiting period status and add any pro-rata clause.
3. Calculate remaining leave
Your exact entitlement under §5 BUrlG including remaining leave and pay is displayed.
Holiday Entitlement on Termination: Legal Framework under BUrlG §5
Under German employment law, the departure date and the 6-month waiting period (§ 4 BUrlG) determine whether an employee receives full statutory minimum annual leave or pro-rata leave (1/12 per full month worked).
The Termination Formula (BUrlG §4 & §5)
Holiday entitlement is calculated using the statutory proportionality principle:
Exit ≤ June 30 → Annual leave × (Months / 12) | Exit ≥ July 1 (waiting period met) → Full Statutory Leave + Surplus Leave
Departures on or before June 30 are prorated under BUrlG §5(1)(c). Departures from July 1 onwards after 6 months of tenure entitle the employee to the full statutory minimum leave of 20 days (for a 5-day week).
Practical examples:
- Departure on April 30 (1st Half-Year): Leaving after 4 months with 30 contractual annual holiday days → 30 × (4 / 12) = 10 holiday days
- Departure on July 31 (2nd Half-Year with Pro-Rata): Leaving after 7 months with >6 months tenure (20 statutory + 10 surplus prorated) → 20 + (10 × 7/12) = 25.8 → 26 holiday days
- Departure on August 31 (2nd Half-Year without Pro-Rata Clause): Leaving in August without contractual pro-rata clause for extra leave → Full annual leave = 30 holiday days
- Resignation during Probationary Period (after 3 months): Leaving on March 31 before completing the 6-month waiting period → 30 × (3 / 12) = 7.5 → rounded up to 8 holiday days
The June 30 Cutoff Rule in German Employment Law
In German employment law, June 30 is the critical date determining leave rights upon departure. Resigning on or before June 30 grants partial leave (Teilurlaub) under § 5(1)(c) BUrlG (1/12th per month). Leaving on or after July 1st after fulfilling the 6-month waiting period (§ 4 BUrlG) grants the full statutory minimum leave of 20 days (5-day week).
Contractual Surplus Leave and Pro-Rata Clauses
If an employment contract grants more than the legal minimum (e.g. 30 days instead of 20), the contract wording is decisive. A valid pro-rata temporis clause allows the employer to prorate extra days in the second half of the year. Without such a clause, the Federal Labour Court (BAG) rules that the employee is entitled to the full 30 days.
Holiday Compensation (Urlaubsabgeltung) under BUrlG §7(4)
If remaining leave cannot be taken before employment terminates (e.g., due to illness or operational reasons), the employer is legally required to pay financial compensation (Urlaubsabgeltung) under § 7(4) BUrlG. The daily compensation rate is calculated based on average earnings over the last 13 weeks (§ 11 BUrlG).
Excess Leave Taken: No Clawback Allowed (§ 5(3) BUrlG)
If an employee has already taken more leave than their pro-rata entitlement before leaving, § 5(3) BUrlG protects them: the employer cannot reclaim or deduct the holiday pay from their final salary.
Holiday Certificate for the New Employer (§ 6 BUrlG)
Under § 6(2) BUrlG, the previous employer must issue a certificate stating the number of holiday days granted or compensated in the current calendar year. The new employer can deduct this from their own leave entitlement to prevent double claims.
Relevant Statutory Regulations
- § 4 BUrlG (Waiting Period): Full statutory annual holiday entitlement is acquired once employment has existed for six consecutive months.
- § 5 BUrlG (Partial Leave & Rounding): Governs the right to 1/12th of annual leave per full month worked when leaving before completing the waiting period or in the first half of the year (§ 5(1)(c)), the rounding rule (§ 5(2)), and the prohibition of clawing back excess leave (§ 5(3)).
- § 7(4) BUrlG (Holiday Compensation): Mandates financial compensation (Urlaubsabgeltung) if leave can no longer be granted due to the termination of the employment relationship.
- § 6 BUrlG (Prevention of Duplicate Claims): Prevents duplicate holiday claims in the same calendar year and obligates former employers to issue a holiday certificate stating granted or compensated days.
- BAG Judgment of Feb 19, 2019 – 9 AZR 541/15 (Pro-Rata Clause): Clarifies the legal validity of contractual pro-rata temporis clauses for surplus leave exceeding the statutory minimum upon departure in the second half of the year.
Frequently Asked Questions
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