Falling ill during your vacation is doubly frustrating — you lose both the holiday and the rest. The good news: German law makes sure you don’t lose the vacation days themselves. Sick days during vacation do not count as vacation, provided you follow the two procedural requirements.
The rule (§ 9 BUrlG)
Under § 9 BUrlG, sick days during your vacation do not count as vacation days. They are sick days, and your vacation balance is restored by the number of days you were ill. The restored days do not automatically convert into extended holiday — they go back into your annual balance for later use (or for Urlaubsabgeltung at exit, if not used).
The rule applies to vacation that has been formally granted by the employer and that has actually started. It does not apply to:
- Vacation requested but not yet granted (you cannot pre-emptively „save” days by getting sick).
- Days off that are not formal vacation (Brückentage taken informally, unpaid leave, Bildungsurlaub).
- Periods of self-declared illness without a doctor’s certificate (see below).
The two conditions
The protection only applies if you meet both of the following:
Both conditions must be met. Failure on either typically forfeits the protection — the days are then treated as vacation despite the illness.
If you are abroad on holiday
If you become ill on holiday outside Germany, additional rules apply under § 5(2) EFZG (Entgeltfortzahlungsgesetz):
- You must inform the employer of the illness, the location, and the expected duration as quickly as possible (typically by phone, follow-up in writing).
- The medical certificate from the foreign doctor must specifically confirm that you are unable to work, not just that you are ill. „Stomach flu, recommend rest” is not enough — the certificate must say you are unable to perform your work duties.
- If you are insured in the German statutory system, the doctor’s certificate should also be sent to your German Krankenkasse — they can refuse to cover the sick leave abroad without the certificate.
- Most German Krankenkassen accept English-language or local-language certificates with key terms („Arbeitsunfähigkeit” or equivalent), but some insist on German. Ask your Krankenkasse before travelling.
Practical recommendation for the foreign certificate: ask the doctor to write a brief note in English or German like „Patient is unable to perform their work duties from [date] to [date] due to [diagnosis].” That covers the form requirement and avoids the most common employer objection.
The notification chain — step by step
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Same day — phone or message your manager and HR
Inform the named HR contact in your contract immediately. Even if you only suspect that you will need a day or more.
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Same day or next — written follow-up by email
A short email confirming the call, with the start date of the illness and the expected duration if known. Document the time and recipients.
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Within 3 working days (sooner if abroad) — get a doctor's certificate
Day-one certificate is required for vacation-sickness. From a German or foreign doctor. The certificate must confirm Arbeitsunfähigkeit (inability to work).
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Send certificate to employer and Krankenkasse
Original to employer per contract (typically within 3 days); copy to your Krankenkasse if you are abroad or in extended illness.
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Continue documentation for extended illness
New certificate every 1–2 weeks (depending on diagnosis) until the illness ends. Once well, communicate your expected return-to-work date.
Can you stay on vacation after recovering?
The restored days do not automatically convert into extended holiday. Once you are well, you resume work according to the original schedule (or the days are added back to your annual balance for later use). You cannot simply stay at the beach for an additional week without explicit employer agreement.
In practice, employers often allow the remaining vacation period to continue as planned and credit the sick days back to the balance — particularly for longer vacations where rebooking flights and accommodation is impractical. But this requires the employer’s consent. Get it in writing.
Going back to work mid-vacation
If you recover before the vacation period was supposed to end, you are typically expected to be available again — unless the employer has agreed otherwise. For longer vacations (more than a week), many employers allow the employee to take the remaining days as planned and add the sick days back to the balance.
If you want to convert the recovery period into continued vacation, formally request this in writing. The employer can refuse for operational reasons but generally grants where there is no urgent business reason.
What if the employer refuses to restore the days?
This is the most common dispute. The certificate from the foreign doctor is sometimes refused as insufficient. The notification timing is sometimes contested. If so:
- Draft a written demand to the employer with the certificate attached, citing § 9 BUrlG and any underlying notes from the doctor.
- If the employer still refuses, file a Klage at the Arbeitsgericht for restoration of the vacation balance. Streitwert is typically the daily wage rate × number of disputed days.
- Where the disputed days are part of an Urlaubsabgeltung claim at the end of employment, fold the restoration claim into the wage claim.
Long-term illness during vacation
If your illness extends beyond the vacation period and into expected work time, all the usual sick-pay rules apply: up to 6 weeks of employer-paid sick leave (Entgeltfortzahlung under § 3 EFZG), then Krankengeld via the Krankenkasse at approximately 70% of gross. The vacation days you „saved” by being sick remain available for later use.
If the illness covers most or all of the leave year, vacation accrual continues and the 15-month survival rule applies. We have seen cases where an employee on long-term illness during the planned vacation period accrued substantial unused vacation across multiple leave years — recoverable as Urlaubsabgeltung at exit.
Hospital stays and emergency cases
For acute emergencies (hospital admission, accident, severe illness), the notification timing requirement is interpreted flexibly. The duty is to notify „as soon as reasonably possible”, which means as soon as you (or a representative — family member, fellow traveller) can do so.
Best practice: have a designated emergency contact who knows your employer’s details and can call HR if you are incapacitated. For solo international travellers, this is particularly important.
Children’s illness during your vacation
If your child is sick during your vacation and you would normally use Kinderkrankengeld (sick days for children) — these are separate days, not vacation days, regulated under § 45 SGB V. You can in principle claim those days, but the interaction with vacation is complex. The conservative approach: notify both your employer and your Krankenkasse, and treat the issue as a vacation-extension request rather than a guaranteed restoration.
Common employer pushbacks and how to neutralise them
Worked example
Tom, a software engineer at a Cologne tech company, books a two-week holiday in Italy in September. He falls ill on day 3 (stomach infection). He calls HR the same morning and emails a written confirmation. He visits a local Italian doctor on day 3 who issues a certificate (in Italian) for 5 days of inability to work, plus a one-sentence translation in English: „Patient unable to work due to acute gastroenteritis.”
Tom emails the certificate to HR and to his Krankenkasse. He recovers on day 8 and stays for the remaining 6 vacation days as originally planned (his manager agrees in writing).
Result: 5 days restored to his vacation balance, no loss of the original vacation, Krankenkasse covers the medical treatment in Italy under the European Health Insurance card. Total documentation effort: 2 phone calls, 3 emails, 1 doctor’s visit.
Frequently asked questions
Does my employer have to grant the restored vacation days at a specific later date?
The restored days go into the annual balance. They are subject to the normal vacation-planning rules — you request, the employer grants subject to operational considerations.
What if I have an underlying condition that flares up predictably during travel?
The protection still applies if the flare-up is acute and properly certified. The employer cannot refuse on the grounds that the illness was foreseeable.
Can I be required to provide more documentation than the standard certificate?
For unusual cases or where the employer has specific concerns, additional documentation can be requested but the standard AU-Bescheinigung is the baseline. The employer cannot demand a specific diagnosis or detailed medical records — data protection limits apply.
Does the 15-month rule apply to days restored under § 9 BUrlG?
Yes — restored days are treated like any other vacation days for the purposes of carry-over, the Max-Planck notification, and the Urlaubsabgeltung calculation at exit.