What is a vacation ban?
A leave ban refers to the temporary restriction or prohibition of leave granted by the employer. It is usually imposed due to urgent operational requirements, such as seasonal order peaks, staff shortages or special operational projects. During a leave ban, employees cannot take any leave or leave that has already been approved must be postponed in exceptional cases.
Legal regulations on the vacation ban
The Federal Leave Act (BUrlG) regulates the basic provisions on vacation. In accordance with Section 7 (1) BUrlG, employees’ vacation requests must be taken into account when determining the timing of vacation, unless urgent operational concerns or the vacation requests of other employees, which deserve priority from a social point of view, conflict with this.
A vacation ban does not necessarily have to be announced in advance. However, timely and transparent communication to employees is recommended in order to ensure planning security and not to jeopardize trust. The exact notice period is not specified by law, but should be reasonable.
Duration of a vacation ban
The duration of a leave ban is not specified by law. However, it must be proportionate and objectively justified. A permanent or excessively long leave ban could violate the Federal Leave Act and may be ineffective. In practice, leave blocks should be kept as short as possible and reviewed regularly.
Vacation ban during the probationary period
In principle, there is no general ban on taking vacation during the probationary period. However, the employee only acquires the full vacation entitlement after six months of employment (§ 4 BUrlG). Before the end of this waiting period, only a pro rata vacation entitlement exists. A vacation ban can be imposed during the probationary period, but should be objectively justified and communicated transparently.
Vacation ban during short-time work, reintegration and other measures
Short-time workDuring short-time working, the employer can reduce the leave entitlement proportionately, as the obligation to work is reduced. A suspension of leave during short-time working is possible, but must be agreed with the works council and objectively justified.
Reintegration: During gradual reintegration after a long period of illness, employees are generally entitled to leave. A ban on leave should be handled with particular sensitivity and should only be imposed in exceptional cases.
Other measures: In the case of operational measures such as restructuring or company vacations, a vacation ban can be imposed if it is objectively justified and agreed with the works council.
Vacation restrictions in the public sector
Similar regulations apply in the public sector as in the private sector. Pursuant to Section 87 (1) No. 5 BetrVG, the staff council has a right of co-determination in the establishment of general vacation principles and the vacation schedule as well as in the determination of the timing of vacation for individual employees if no agreement is reached between the employer and the employees involved.
Vacation suspensions in the public sector must therefore be agreed with the staff council and objectively justified.
Typical time periods and industries with vacation restrictions
Vacation closures often occur in the following sectors and time periods.
- Retail: Before Christmas and during major sales promotions.
- Tourism and gastronomy: During peak travel times and vacations.
- Agriculture: At harvest time.
- Industry: For large orders or production peaks.
- Healthcare: During flu epidemics or staff shortages.
In these industries, vacation closures are often seasonal and are planned in advance.
Conclusion
Vacation suspensions are a sensitive issue that affects both the company’s interests and the rights of employees. Transparent communication, objective justification and involvement of the works council are crucial for the acceptance and legality of a leave ban. Companies should only impose leave suspensions in exceptional cases and for as short a period as possible.