Gaming leave: how to request it without any awkwardness
Want time off so you can play in peace? Request it like any other leave: early, in the way your workplace expects, and without a long explanation. The German Federal Leave Act looks at your wishes and the needs of the business. The relevant section does not mention a reason for your leave.
This is general information about German law, not legal advice. In a real dispute, a works council, trade union or employment lawyer can help. Outside Germany other rules apply.
What the law says
| Section | In one sentence |
|---|---|
| § 3 BUrlG | The statutory minimum is 24 working days per year. Every day that is not a Sunday or public holiday counts, so Saturdays are included. |
| § 4 BUrlG | You first gain the full entitlement after half a year of employment. |
| § 7 BUrlG | Your wishes must be taken into account unless urgent business needs or colleagues' socially prioritised wishes stand in the way. |
Your contract, collective agreement and workplace rules tell you what applies to you, including how many days you have.
Do I have to say why?
§ 7(1) BUrlG sets out when a wish has to give way. It talks about the business and other employees. What you plan to do is not one of the criteria. So you can simply name the dates:
I would like to take leave from 3 to 14 March. Does that work for planning?
If somebody asks anyway, “I have something private planned” is enough. It is true, sounds unremarkable and ends the conversation faster than any story. You also do not have to remember an invented trip.
How to keep it from getting awkward
- Ask early. The earlier your request is on the table, the easier it is to plan around.
- Think of your colleagues. Bring cover, open tasks and handover with you.
- Wait for the approval. Only make firm plans once your leave is confirmed.
- Set your absence up properly. Auto-reply, calendar, handover note. “I am out of the office until 14 March” is all it takes.
- Do not announce it over coffee. Nobody needs to know how you spend your free time, unless you enjoy telling them.
What to avoid
Giving yourself time off. Taking leave that was refused puts your job at risk. In a case at the Düsseldorf Regional Labour Court, an employee extended her leave by a week against her employer's wishes. The court saw grounds for dismissal and found no prior warning was necessary; the parties eventually settled. Every case is different, but the risk is real.
Calling in sick when you are not. Sick leave is for illness. The German Continued Remuneration Act requires you to report incapacity and its expected length without delay, and to obtain a doctor's confirmation if it lasts more than three calendar days. A long gaming evening has nothing to do with that.
Invented excuses. Made-up funerals and weddings tend to come out, and then the whole corridor talks about your leave.
If your request is refused
The law allows refusal for urgent business needs or where colleagues' wishes take priority on social grounds. Ask calmly what the reason is and whether another period would work. If you cannot agree, a works council can help where there is one. Just do not leave anyway.
And at home?
Your reason is nobody's business at work. At home it is different. Say early when you need time and when you will be reachable again. With a wink, it is even easier: Gone for now has a leave request to pin up and slogans for the living room door. It does not replace a real request. For the evening itself, see preparing for release night.
Frequently asked questions
Do I have to tell my employer I want to play games?
§ 7 BUrlG looks at your wishes and business needs, not the purpose. Naming the dates is usually enough. An advice service can say more about your own case.
How far ahead must I request leave?
The sections named here set no fixed deadline. Many workplaces have their own rules. The earlier the better.
Can I just go if I do not get an answer?
Better not. Wait for a clear approval and ask again. Taking leave on your own can lead to dismissal in the worst case.
Sources
- § 7 Bundesurlaubsgesetz: Zeitpunkt, Übertragbarkeit und Abgeltung des Urlaubs, buzer.de (Gesetzestext)
- § 3 Bundesurlaubsgesetz: Dauer des Urlaubs, dejure.org (Gesetzestext)
- § 4 Bundesurlaubsgesetz: Wartezeit, dejure.org (Gesetzestext)
- § 5 Entgeltfortzahlungsgesetz: Anzeige- und Nachweispflichten, dejure.org (Gesetzestext)
- Rechtmäßige Kündigung nach Spontanurlaub (LAG Düsseldorf, 8 Sa 87/18), Haufe Personal
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