Your Vacation Days Aren't Zero During Probezeit, Here's the Actual Math
Germany's statutory minimum vacation under Section 3 of the Bundesurlaubsgesetz (BUrlG) is 24 working days a year based on a 6-day work week, which is why the commonly quoted figure for a standard Monday-to-Friday job is 20 days, not 24, the underlying legal minimum is the same, just expressed against a different weekly baseline. During your Probezeit, probation period, you're not accruing zero leave, Section 5 BUrlG entitles you to one-twelfth of your full annual leave for every complete month you've actually worked, so after your first probation month you've already earned 1/12 of your annual total, after two months 2/12, and so on. For part-time work, the standard formula is: full-time annual leave days ÷ full-time work days per week × your actual work days per week, someone working 3 days a week with a full-time entitlement of 24 days a year gets 12 days a year proportionally, working out to roughly 1 vacation day earned per month during a probation period specifically. Fractional results of at least half a day generally get rounded up to a full day under Section 5 BUrlG, not down, a small but genuinely favorable detail worth knowing.
The Official Rule
Assuming your vacation entitlement starts at zero during a probation period, or that part-time work means a vague, unclear fraction of full-time leave, are both genuinely common misunderstandings worth correcting with the actual legal formula.
Germany’s statutory minimum vacation is 24 working days a year, based on a 6-day work week under Section 3 of the Bundesurlaubsgesetz (BUrlG). The official statutory text is the actual legal source, and this specific baseline is exactly why a standard Monday-to-Friday job is commonly quoted as having a 20-day minimum instead, the underlying legal entitlement is identical, it’s simply expressed against a 5-day rather than a 6-day working week.
| Concept | Detail |
|---|---|
| Statutory minimum (6-day week basis) | 24 working days/year |
| Commonly quoted minimum (5-day week) | 20 working days/year, same underlying entitlement |
| Probezeit accrual | 1/12 of full annual leave per complete month worked |
| Part-time formula | Full-time days ÷ full-time days/week × actual days/week |
| Rounding rule | At least half a day rounds UP to a full day |
During your Probezeit, you’re genuinely accruing real leave from your very first month, not starting from zero. hrworks.de’s practical guidance confirms Section 5 BUrlG is the governing rule here: for every complete month of employment, you’re entitled to one-twelfth of your full annual leave. After your first probation month, you’ve already earned 1/12 of your annual total, after two months, 2/12, and so on, this accrues steadily rather than being withheld until probation formally ends.
Part-time work follows a genuinely simple, standard formula worth applying directly to your own contract. hopkins.law’s employment law guidance confirms the calculation: your full-time-equivalent annual leave days, divided by the standard full-time days worked per week, multiplied by your own actual work days per week, provided both numbers share the same weekly baseline. Someone working 3 days a week gets the same result from either baseline: 24 days ÷ 6 full-time days a week × 3 actual days a week, or 20 days ÷ 5 full-time days a week × 3 actual days a week, both work out to 12 days a year proportionally. Many contracts specify a different number of days than either statutory baseline, so confirm your employer’s specific full-time entitlement before doing your own math, and keep the divisor matched to whichever day count you’re using.
A genuinely favorable rounding rule applies when your calculation lands on a fraction. IHK München’s official guidance confirms fractional results of at least half a day round up to a full day under Section 5 BUrlG, not down, a small but genuinely employee-favorable detail, a calculated entitlement of 12.5 days becomes a full 13 days, not 12.
What Real People Say
New employees navigating their first Probezeit consistently describe genuine relief at learning they’re actually accruing real vacation days from month one, several specifically mention an employer or colleague casually implying “no vacation during probation” as a common, informal misconception that doesn’t actually match the statutory reality once they looked into Section 5 BUrlG themselves.
Part-time employees describe the actual calculation as more approachable than expected once they have the specific formula in hand, several mention initially assuming their entitlement was some vaguely negotiated number rather than a genuinely calculable, formula-based figure tied directly to their specific work-days pattern relative to a full-time baseline.
Step by Step
- Confirm your employer’s specific full-time annual leave entitlement, many contracts specify more than the statutory 24 or 20-day minimum, this is your baseline for any further calculation.
- If you work part-time, apply the formula directly: full-time days ÷ full-time days per week × your actual days per week.
- Round any fractional result of at least half a day up to a full day, this favors you under Section 5 BUrlG.
- During Probezeit, calculate your accrued entitlement as 1/12 of your annual total per complete month worked, don’t assume it starts at zero.
- If your employer disputes your accrual during probation, reference Section 5 BUrlG directly, this is a statutory entitlement, not a discretionary employer policy.
Compliance Note
This page explains the general legal framework for calculating statutory annual leave entitlement in Germany under the BUrlG, current as of mid-2026. It is not legal advice, and specific contractual terms can exceed the statutory minimum. Confirm your own entitlement with your employer’s HR department or a Fachanwalt für Arbeitsrecht (employment law specialist).
FAQ & Common Pitfalls
Our employer says we have zero vacation days during Probezeit. Is that actually legal?
No, this genuinely isn't correct as a blanket rule, and it's worth raising directly with HR rather than accepting it at face value. Section 5 BUrlG entitles you to one-twelfth of your full annual leave for every complete month you've actually worked, including during a probation period, you're accruing real, calculable leave from your very first month, not starting from zero until probation ends.
We work 3 days a week. How do we actually calculate our real annual leave entitlement?
Use the standard part-time formula: your full-time equivalent annual leave days, divide by the standard full-time days per week, then multiply by your actual work days per week, keeping both numbers on the same weekly baseline. For a common example, someone working 3 days a week gets 20 full-time days ÷ 5 full-time days a week × 3 actual days a week = 12 days a year, the identical result you'd get starting from 24 days ÷ 6 full-time days a week × 3 actual days a week, since 24 days on a 6-day week and 20 days on a 5-day week are the same statutory minimum. Confirm your employer's specific full-time baseline first, since some contracts specify more than the statutory minimum, and make sure the days-per-week figure you divide by matches whichever full-time day count you're using.
If our calculation comes out to a fraction like 12.5 days, do we round up or down?
Up, and this is a genuinely favorable detail under Section 5 BUrlG, fractional results of at least half a day round up to a full day, not down. A calculated entitlement of exactly 12.5 days becomes 13 full days, this rounding rule specifically favors the employee rather than being rounded to whichever direction is administratively convenient.
Is the 24-day statutory minimum the same everywhere, or does it depend on which days we actually work?
The legal minimum itself, 24 working days, is based on a 6-day work week baseline under Section 3 BUrlG, which is exactly why a standard Monday-to-Friday job is commonly described as having a 20-day statutory minimum instead, the underlying entitlement is identical, it's just expressed against a 5-day week rather than a 6-day one. Many employer contracts specify more generous leave than either legal minimum, so check your specific contract's actual number rather than assuming the bare statutory floor applies to you.