Can my employer forbid three weeks of vacation?

The employer can actually deny the 3-week Vacation in certain situations. German labor law stipulates that employees are entitled to at least 24 working days of paid Vacation per year. Generally, employees are free to plan their Vacation in coordination with the employer. However, according to § 7 of the Federal Leave Act (BUrlG), the employer reserves the right to refuse this Vacation for operational reasons.

Operational reasons can be varied. These include urgent operational requirements such as peak production times, staff shortages, or important projects. If, for example, there is a peak phase in the company or a special project needs to be completed on time, a three-week Vacation can significantly disrupt business processes. In such cases, the employer is allowed to deny the Vacation request but must suggest alternatives or approve the Vacation at another time.

Additionally, it should be noted that the employee's Vacation request should not significantly impair the Vacation wishes of other colleagues. Especially in small teams, the simultaneous absence of several employees can severely impact operations, which can also be a reason for denial.

Another aspect is the urgent necessity in social matters. Families with school-age children should preferably be able to take a Vacation during the school holidays. Here too, the employer must consider these wishes within the scope of operational possibilities.

In exceptional cases, the Vacation can even be canceled at short notice if there are extraordinarily urgent operational necessities. In such cases, the employer must not only substantiate the operational reasons but also compensate the employee for any incurred costs or damages (e.g., cancellation fees for booked trips).

Dialogue and coordination between employee and employer are therefore essential to grant Vacation claims in a legally secure and fair manner.