Can I as an employee request unpaid leave and what are the legal consequences?
February 18, 2022 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
My name is Gerald Schlittmaier and I have been working as a Marketing Manager in a medium-sized company for five years. Due to personal circumstances such as family obligations or health issues, I urgently need a break from work. Since my employer is currently unable to grant paid leave or vacation days, I have been considering requesting unpaid leave.
However, my concern is that my employer may reject my request or that there could be legal consequences if I take unpaid leave. I wonder if it is even possible for an employee to request unpaid leave and if I will be able to keep my job during that time.
I would like to know if as an employee I have the right to request unpaid leave and what legal implications this could have for me. Are there specific legal regulations that I need to consider when taking unpaid leave? How can I best protect myself from any potential consequences and what steps should I take in this situation?
I thank you in advance for your support and advice on this matter.
Sincerely,
Gerald Schlittmaier
Dear Mr. Schlittmaier,
Thank you for your inquiry regarding the possibility of requesting unpaid leave and the associated legal consequences. It is understandable that you may need a break from work due to personal circumstances and have concerns about possible rejections or consequences.
First and foremost, I would like to clarify that it is generally possible for an employee to request unpaid leave. This means that you are exempt from your work duties for a certain period of time, but you do not receive any compensation. However, this form of leave is not legally required and must therefore be regulated in the employment contract or through an individual agreement between you and your employer.
If your employer should reject your request for unpaid leave, you can try to find a mutually agreeable solution with them. It may be possible to make alternative arrangements, such as using overtime or agreeing to unpaid special leave. If your employer still denies your leave request, you do not have a legal right to unpaid leave and must continue to fulfill your work duties.
In terms of legal consequences, it is important to note that unpaid leave generally does not lead to legal sanctions as long as it has been agreed upon with the employer. You typically retain your job during your absence, unless otherwise agreed. It is advisable to reach a written agreement with your employer regarding the unpaid leave to avoid any misunderstandings.
To protect yourself from potential consequences, it is advisable to communicate early and transparently with your employer about your situation. Discuss how your absence can be organized and what rules apply during your absence. Document all agreements in writing to have a clear basis in case of disputes.
Finally, I recommend seeking advice from a lawyer who can provide individualized guidance if you have specific questions or uncertainties. Each case is unique, and it is important to consider the specific circumstances to find the best solution.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Gerda Dietrich, Lawyer
