In short
Apart from the cases listed in the law, unpaid leave is based on agreement between the employee and the employer, and the written request is the basis for the missing days reported to the Social Security Institution (SGK). The letter should state the reason, the leave dates and the return date. Unpaid leave is not deducted from annual leave, but it pushes the next annual leave entitlement date back by the same number of days (Labour Law, Art. 54).
Template text
Fill in the fields in square brackets with your own details.
Date: ..../..../20....
[Company name] Human Resources
UNPAID LEAVE REQUEST
I work in the [Department] department as [Job title]. Due to [Reason], I would like to take a total of [Number of days] days of unpaid leave between [Start date] and [End date]. I will return to work on [Return date].
I understand that no wages will be paid for this period, that it will be reported to the Social Security Institution (SGK) as missing days, and that my annual leave entitlement date will be postponed by the length of the unpaid leave.
I kindly ask for your approval.
- Full name:
- Employee number (if any):
- Signature:
Manager approval
Name:
Signature:
Date:
Human Resources
Name:
Signature:
Date:
Unpaid leave of up to 6 months after birth (Art. 74), half-time work (Art. 74) and travel leave (Art. 56) are statutory rights; cite the relevant article when requesting them.
How to fill it in
- Write your department and job title.
- State the reason briefly and clearly (for example family matters, education or personal reasons). If you cannot work because of illness, you need a medical rest report rather than unpaid leave.
- Write the start and end dates, the total number of days and your return date.
- Read the second paragraph: it shows you accept the effect of unpaid leave on pay, social security reporting and annual leave.
- Sign the letter, give it to your manager or Human Resources and keep an approved copy.
Legal basis and points to note
- The Labour Law does not grant a general right to unpaid leave; beyond the statutory cases, unpaid leave is granted by agreement.
- Statutory unpaid leave: travel leave (Art. 56, up to 4 days in total), unpaid leave of up to 6 months after birth (Art. 74), half-time work (Art. 74) and foster care leave (Art. 74, 10 days).
- Unpaid leave is not counted as time worked for annual leave entitlement; the entitlement date moves back by its length (Arts. 54, 55).
- Unpaid leave cannot be deducted from annual leave (Art. 56).
- The reason for and number of unpaid days are reported to the SGK as missing days (Law No. 5510, Art. 86).
Frequently asked questions
Does the employer have to grant unpaid leave?
Not outside the statutory cases (travel leave, unpaid leave after birth, half-time work, foster care leave). Otherwise unpaid leave depends on agreement between the employee and the employer.
Does unpaid leave affect annual leave?
It is not deducted from the current annual leave balance (Labour Law, Art. 56). But because unpaid leave does not count as time worked for entitlement, it moves the next annual leave entitlement date back by the same number of days (Art. 54).
How is unpaid leave reported to the SGK?
Unpaid days are reported as missing days, with the reason, in the monthly premium and service declaration (Law No. 5510, Art. 86). The employee's written request is the basis for this report and should be kept.
Can the employer put an employee on unpaid leave unilaterally?
Unpaid leave should be based on the employee's request or written consent. A material change in working conditions cannot be made without the employee's written consent (Labour Law, Art. 22).
Sources
- Labour Law No. 4857, Arts. 22, 54, 55, 56, 74
- Law No. 5510, Art. 86