Overview
- Paragraph 616 BGB allows paid time off only for personal, unintentional, short-term impediments recognized by case law, such as weddings, births, close-family deaths, job-related moves or court duties.
- Many employment contracts now exclude §616, so any paid entitlement typically depends on the specific contract, a collective agreement or a works agreement rather than statute.
- Public-sector staff follow separate, detailed provisions such as TVöD §29 for employees and special leave ordinances for federal and state civil servants.
- Under §616, paid leave is usually limited to about one day for events like a wedding, birth or death, whereas some collective agreements grant longer periods, and taking extra days can lead to lost pay and disciplinary action up to dismissal.
- Workers must inform employers immediately about the reason and expected duration and may need to provide proof, and in unavoidable emergencies like daycare closures or serious home damage, absence generally carries no labor-law penalties but is typically unpaid.