How long is the special leave in case of death?
The duration of special leave in the event of death is not uniformly regulated and depends on various factors. Statutory provisions, collective agreements or individual agreements in an employment contract determine how many days off you are entitled to.
Statutory regulation in accordance with § 616 BGB
- The Civil Code (Section 616 BGB) provides for “temporary prevention”, which allows paid exemption under certain circumstances.
- The exact duration is not specified in the law, but employers often grant one to two days.
- However, employers can exclude this provision from the employment contract.
Collective agreements and company agreements
- Many collective agreements clearly regulate the duration of special leave.
- Become common two to four days of special leave granted to close relatives.
- Some industries have extended regulations, particularly in the public sector.
Individual agreements and goodwill from the employer
- Some employers grant special leave as a voluntary benefit regardless of legal regulations.
- In the event of sudden or particularly stressful deaths, an additional exemption may be possible.
- Alternatively, you can regular vacation or unpaid leave be used.
Special circumstances that may affect the duration
- Place of burial: If the funeral service takes place in another city or abroad, a longer leave of absence may be necessary.
- Emotional and organizational load: In exceptional cases, a longer break may be required, which can be regulated by unpaid vacation or sick leave.
Apply for special leave correctly in the event of death
Family bereavement is an exceptional situation in which many organizational decisions must be made — including the question of taking time off from work.
How to proceed: Samples & formulation tips
To apply for special leave, you should inform your employer as early as possible. A written communication helps to avoid misunderstandings. A possible wording could be:
Sample request for special leave:
subject: Request for special leave in the event of death
Dear [name of employer/supervisor],
It is with great regret that I must inform you that [family relationship, e.g. my father] passed away on [date]. During this difficult time, I have to take care of the funeral and organizational matters. I therefore ask for Special leave in accordance with [collective agreement/§ 616 BGB] for the period from [date] to [date].
I am grateful for your understanding and am always available to answer any questions you may have.
sincerely
[your name]
If your employer prefers a telephone call, you can first contact us informally and then submit a written confirmation.
Which documents are required?
Depending on the employer, it may be necessary to prove the death. These documents could be required:
- death certificate — If necessary, Memovida can request them for you.
- Confirmation of burial — Some companies accept confirmation from the funeral home.
- Proof of family relationship — If not apparent from the death certificate.
We are happy to help you obtain the necessary documents and, if you wish, take care of administrative procedures so that you can concentrate on the essentials.
When and how should you inform your employer?
- As early as possible: Even if it is difficult, inform your employer promptly so that they can plan.
- Orally or in writing: An initial telephone consultation is often useful, followed by a written confirmation.
- Direct line manager or HR department: Depending on the company, it is advisable to contact the right person.
