But is there a legal right to this? Must an employer automatically approve such a vacation request?
Easter, Pentecost, summer, autumn, and Christmas—school children have extensive holiday periods. And every time a break approaches, parents try to schedule their own leave to enjoy shared holiday weeks. But what does the law say about the right to take vacation during school holidays?
No Legal Priority According to the Law
The German Federal Holiday Act (Bundesurlaubsgesetz – BUrlG) guarantees every employee paid annual leave—regardless of their family status. However, it contains no specific provision that gives parents priority for taking leave during school holidays. That said, Section 7 (1) of the BUrlG does stipulate that employee wishes regarding the timing of their leave should be taken into account, provided no urgent operational reasons oppose it.
In practice, this means: employers must weigh requests when several employees apply for vacation at the same time. There is no automatic priority for parents. If the business cannot manage without all the applicants simultaneously, the employer makes a selection. In doing so, they may consider social criteria, such as childcare responsibilities, but they are not legally obligated to do so.
Exceptions and Court Rulings
Despite this general legal situation, there have been court rulings that have strengthened parents’ positions in individual cases. For instance, the Cologne State Labor Court ruled that an employer cannot simply reject a request for a joint family vacation if there are no clear operational reasons against it.
How Parents Can Improve Their Chances
Parents can take several steps to improve their chances of getting vacation during school holidays. It is important to submit the request early and in writing—preferably before many colleagues request the same period. Justifying your request on social grounds, such as citing childcare needs, can score points in the employer’s consideration. It is also worth checking your employment or collective bargaining agreement: some companies or sectors explicitly regulate in company agreements that parents may be given preferential treatment.
If employees have already been granted vacation during school holidays in the past, this can also be an argument for renewed approval. If the request is still denied, the best solution is usually a compromise—for instance, by choosing alternative dates or splitting the vacation.
Discussing the situation within the team can also help find fair solutions. Should a real dispute arise, it’s advisable to check whether similar court rulings could be applied to your own case.
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