In a decision dated March 2, 2026 (Case No. 4 Ta 15/26), the Thuringian Higher Labor Court overturned a common assumption in German workplace practice: Employers may not impose blanket rules limiting annual leave to two consecutive weeks. The ruling provides an important clarification not only on the substantive law governing vacation entitlements, but also on the enforceability of such claims in preliminary injunction proceedings.
General Rule: Entitlement to Consecutive Vacation
Under the statutory framework, annual leave is generally granted as consecutive, uninterrupted leave. Contrary to widespread practice, dividing vacation into separate periods is legally permissible only in exceptional circumstances—where compelling operational reasons exist or where personal reasons attributable to the employee justify such a division.
In everyday business practice, disputes rarely arise over the basic division of vacation itself. Far more frequently, conflicts occur when employees request longer continuous periods of leave. The present case is a typical example.
The Case: From Main Proceedings to Interim Relief
The employee applied for vacation from March 1 through March 25, 2026, i.e., slightly more than three weeks. The employer rejected the request, referring to an alleged internal practice of granting no more than two consecutive weeks of vacation.
In the main proceedings, the employer was ordered to grant the requested leave. Given that compliance was uncertain and the...
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