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Illness During Vacation: How to Get Your Vacation Days Back

2026-05-14

Last Updated: May 2026
Reading Time: approx. 10 minutes

Legal Notice: This article provides legal information based on the German Civil Code (BGB) and the Federal Leave Act (BUrlG). It does not constitute legal advice. In the event of a specific dispute, you should consult a specialist lawyer for employment law.

Sick on Vacation: How to Get Your Vacation Days Back

Finally on vacation – and then the flu strikes. For many employees, this is a nightmare. The good news, however, is that the legislature makes it clear that vacation serves the purpose of recreation. If you are sick, you cannot recover. Therefore, there are clear rules in employment law on how to get your valuable vacation days back if you fall ill during your time off.

The Statutory Rescue: § 9 Federal Leave Act (BUrlG)

The most important regulation for this scenario is § 9 BUrlG. It unequivocally states: If an employee falls ill during their vacation, the days of incapacity for work proven by a medical certificate shall not be counted towards their annual leave.

This means that these days are not forfeited but are credited back to your vacation account.

Important: You may not simply extend your vacation independently by the days of the sick leave. You must submit a new vacation request for the "reusable" days.

Your Duties: How to Secure Your Days

For the days to actually be credited back, you must take active steps yourself. The BGB and the Continued Remuneration Act (EFZG) provide the framework here:

  • Medical Certificate from Day 1: Unlike in normal working life, where a certificate is often only required after three days, you need a medical certificate from the first day of illness while on vacation.
  • Duty to Notify: You must inform the employer of the incapacity for work and its expected duration without delay.
  • Special Rule for Abroad: If you fall ill abroad, you must also inform the employer (and the health insurance company) of your address at the place of stay. The costs for this notification are borne by the employer.

Continued Remuneration in the Event of Illness

While you are sick, you do not receive vacation pay, but continued remuneration in the event of illness according to the general rules.

According to the principles of § 280 (1) BGB and specialized employment law standards, you should not suffer any disadvantages from a hindrance to service through no fault of your own. If an employer refuses to credit the days back, this generally raises questions regarding a breach of duty within the framework of customary employment law structures.

Reasonableness Check of Employment Contracts (§ 307 BGB)

Some employment contracts contain clauses that attempt to restrict the return of vacation days in the event of illness (e.g., "Credit only in the event of an inpatient hospital stay"). Such clauses are often invalid:

  • According to § 307 (1) BGB, provisions in pre-formulated contracts are invalid if they unreasonably disadvantage the contractual partner (the employee).
  • A disadvantage is assumed if the clause is incompatible with essential fundamental principles of the statutory regulation (in this case, § 9 BUrlG).
  • Statutory minimum standards for the protection of recreation cannot be undermined by the "small print".

What Happens in the Event of Dismissal?

It is a widespread misconception that you cannot be dismissed during an illness. Anyone who falls seriously ill on vacation and subsequently receives a notice of dismissal during their sick leave is subject to special criteria of social justification. Find out more about this in our article on dismissal while on sick leave.

Smart Preparation through AI Analysis

Navigating reporting obligations and understanding the typical structure of exclusion periods in an employment contract can be complex. Jurivo supports you in your preparation:

  • Clause Explorer: Check whether your vacation and sickness clauses align with typical legal argumentation patterns and statutory minimum standards.
  • Assessment of Processes: Understand standard market deadlines for submitting certificates to ensure your documentation is completed on time.
  • Analysis of Special Regulations: Do you have additional contractual leave? We help you clarify how standard contract templates typically handle such additional leave.

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Disclaimer: This article provides legal information based on the BGB and the BUrlG. It does not constitute legal advice. In the event of a specific dispute, you should consult a specialist lawyer for employment law.