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Regulation on the recreational holiday of civil servants, civil servants and judges of the Federal Government

Original Language Title: Verordnung über den Erholungsurlaub der Beamtinnen, Beamten und Richterinnen und Richter des Bundes

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Regulation on the Recreational Holidays of Officials, Officials and Judges of the Federal Government (Recreation Leave Regulation-EUrlV)

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EUrlV

Date of completion: 06.08.1954

Full quote:

" Recreational leave regulation in the version of the notice of 11 November 2004 (BGBl. I p. 2831), most recently by Article 6 of the Law of 6 March 2015 (BGBl. I p. 250).

Status: New by Bek. v. 11.11.2004 I 2831;
Last amended by Art. 6 G v. 6.3.2015 I 250

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +) 
(+ + + measures due to EinigVtr cf. BUrlV Appendix EV + + +)

Heading: Short description inserted. by Art. 1 No. 1 V v. 24.9.1980 I 1889 mWv 1.1.1980
Heading: IdF d. Art. 2 No. 1 V v. 9.11.2004 I 2806 mWv 1.1.2005 Unofficial table of contents

§ 1 holiday year

Holiday year is the calendar year. The top service authority may take a different arrangement for the civil servants employed by the post-successor companies. Unofficial table of contents

§ 2 Warranty of the service

(1) The requested leave shall be granted in accordance with the following provisions, provided that the proper execution of the business operations is ensured; the costs of subsisting are to be avoided as far as possible. (2) The holiday holiday may be granted divided, in so far as it does not endanger the holiday purpose. Only full working days are granted for relaxation. Unofficial table of contents

§ § 3 and 4 (omitted)

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§ 5 Vacation

(1) The holiday period shall be 30 working days for officials whose regular working hours are distributed over 5 days in the calendar week. (2) Officials shall be responsible for each full month of the obligation to provide services. one twelfth of the annual leave referred to in paragraph 1, if:
1.
they have entered the public service during the course of the holiday year,
2.
a holiday without a remuneration is temporarily interrupted by the inclusion of the service; or
3.
the civil servant relationship ends in the course of the holiday year.
(3) The annual leave referred to in paragraph 1 shall be taken for each full calendar month
1.
a holiday without a salary or
2.
Exemption from work in accordance with § 9 of the Working Time Ordinance
by one twelfth. (4) Working days within the meaning of this Regulation shall be all calendar days in which the civil servant or the official has to be served. If a service ends only on the following calendar day, the working day shall only be the calendar day on which the service has commenced. A working day referred to in paragraph 1 as a holiday holiday shall be equal to one fifth of the regular working hours of the official or of the official; the duration of the working day shall be changed during the course of one month, the duration of the working day shall be higher for the whole month. (5) If the regular working time on average for the holiday year is spread over more or less than five days in the calendar week, the holiday entitlement referred to in paragraph 1 shall be converted accordingly. In the case of conversion to a six-day week, all calendar days which are not Sundays shall be deemed to be working days, except for public holidays, Christmas Eve and New Year's Eve, to the extent that such days become a reduction in the regular working time . In administrations where the distribution of regular working hours frequently changes, recreational holidays can generally be calculated on the basis of a six-day week. (6) The office may take the rest of the holiday, including a (7) In the calculation of the holiday entitlement, fractions of a day or an hour will be rounded off in a commercial manner. (8) In a holiday year too much granted holiday holiday is as soon as possible by To compensate for a new holiday claim. In so far as civil servants or officials have not taken advantage of the recreational holiday which they are entitled to take before the start of a holiday without remuneration or prior to the beginning of the prohibition of employment prohibitions, the remaining leave after the end of this period shall be To add holidays without remuneration or to these protection periods to the holiday holiday of the current holiday year. The transferred remaining leave can be saved in full according to § 7a, to the extent that the official or the official for the calendar year in which the holiday entitlement arose is entitled to the person's order for a child under the age of twelve. (9) For Professors, junior professors and junior professors at universities and teachers at Bundeswehr schools will be entitled to a holiday holiday by means of the pre-reading or teaching-free time. In the case of illness during the pre-reading or teaching-free period, § 9 shall apply accordingly. If, due to an official use or illness, the pre-reading or teaching-free days are laundered behind the number of vacationing days, this is the case in so far as recreational holidays outside of the lecture-free or teaching-free period are , Unofficial table of contents

§ 5a Duration of leave during transition to part-time

(1) In the event of a transition from full-time to part-time employment, the number of weekly working days shall remain the same as the leave entitlement guaranteed by that date (Article 7 (1) of Directive 2003 /88/EC). European Parliament and Council of 4 November 2003 [ OJ L 327, 28.12.2003, p. 9]), in so far as it could not be fulfilled for one of the following reasons:
1.
revocation or revocation of the recreational holiday;
2.
Invalidity due to illness as a result of a medical certificate (§ 96 (1) sentence 2 of the Federal Civil Service Act),
3.
Prohibition of employment in accordance with § 3 (1) of the Maternity Protection Act in conjunction with Section 1 (1), first sentence, point 2 of the Maternity Protection and Parental Leave Regulation,
4.
Invalidity pursuant to § 44 of the Federal Civil Service Act,
5.
limited serviceability according to § 45 of the Federal Civil Service Act.
Sentence 1 (4) shall apply only if a renewed appeal is made to the civil servant's relationship in accordance with Section 46 of the Federal Civil Service Act. (2) The holiday entitlement which exceeds the holiday entitlement, which remains unaffected pursuant to paragraph 1, shall be To reduce the time of transition in the same ratio as the number of weekly working days. This does not apply if the holiday holiday is calculated after hours. Unofficial table of contents

§ 6 Invoice and transfer of leave from other employment relationships

(1) Recreational holiday, which the official or official has taken up in another employment relationship for the current holiday year, is to be counted on the holiday holiday. Holidays from previous holiday years are not taken into account. (2) Vacation, which the official or the official in another employment relationship has acquired during a leave of absence from previous holiday years. and has not taken advantage of it, will not be transferred. Unofficial table of contents

§ 7 Use of leave; holiday decay

(2) Subject to paragraph 3, a holiday which has not been used within twelve months of the end of the holiday year shall be forgiven. (3) Insofar as the annual leave guaranteed under EU law (Article 7 (1) of Directive 2003 /88/EC) is not used for temporary invalidity, it shall expire at the latest at the expiry of 15 months from the end of the holiday year. (4) In the case of civil servants employed by the post-successor companies, the the supreme service authority, with the agreement of the Federal Ministry of the Interior and the Federal Ministry of Finance, to regulate the regulations which deviate from paragraphs 2 and 3. Unofficial table of contents

§ 7a Holiday savings on childcare

(1) Officials may, upon request, save on a holiday in accordance with § 5 (1), which exceeds a period of four weeks, as long as they are entitled to the order of persons for at least one child under the age of 12. (2) The person in question A relaxing holiday is added to the holiday holiday of the twelfth holiday year from the birth of the last child, as far as it has not yet been settled. A cohesive take-up of the recreational holiday of more than 30 working days should be requested at least three months before the date of the application. In the case of holiday granting, the service needs to be taken into account. (3) The recreational holiday is to be calculated according to hours. In the calculation, the weekly working time is decisive in the holiday year, which is to be saved from the holiday. Unofficial table of contents

Section 8 Revocation and relocation

(1) Recreation leave may exceptionally be withdrawn if, in the absence of the official or of the official, the proper execution of the business operations would not be guaranteed. Additional expenses incurred by the official or the official by the revocation shall be replaced in accordance with the provisions of the travel cost law. (2) If the official or the official wishes to postpone or cancel the holiday for important reasons, it shall be in accordance with the wishes of the Commission, if this is compatible with the requirements of the service and if the working power of the official or of the official is not put at risk. Unofficial table of contents

§ 9 Disease

(1) If, during their holidays, civil servants are incapaciated by illness and show them immediately, the period of invalidity shall not be credited to them on the holiday holiday. The invalidity is to be proved by a medical certificate, upon request, by an official or trustful certificate. (2) A new authorization is required for the use of leave due to the illness beyond the time of the approved time. Unofficial table of contents

§ 10 Retaliation

(1) Insofar as the minimum annual leave granted by the law of the European Union before the termination of the civil service relationship has not been used for temporary invalidity, it shall be paid off. (2) In the holiday year already in Entitlement to a holiday or additional holiday is to be calculated on the basis of the minimum annual leave granted by the law of the European Union, irrespective of the date on which the claim was made. (3) The amount of the total amount of the resettlement amount measured according to the average gross salary for the last three months before the end of the civil service relationship. Gross remuneration is the remuneration (Section 1 (2) of the Bundesbesoldungsgesetz), which would have been paid during a holiday period. (4) The resettlement claim is statute-barred within the regular limitation period of three years, beginning with the end of the holiday year in which the civil service contract is terminated. Unofficial table of contents

§ 11 (omitted)

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§ 12 Additional breaks

(1) Officials shall be entitled to one-half working days of additional holiday leave (additional leave) in the calendar month if they are
1.
will be used at changing times, and
2.
in the calendar month at least 35 hours of service in the period between 8 p.m. and 6 o'clock (night duty hours).
Service at changing times shall be provided if at least four times in the calendar month the difference between the initial hours of two services is at least 7 and at most 17 hours. On-call duty shall not be considered a service within the meaning of this provision. Night service hours which are not sufficient for half a working day, and night service hours, which have been completed in a calendar month of more than 35 night service hours, shall be made in the following calendar month. transfer. The transfer is limited to 70 night service hours. During the holiday season, up to six working days are provided for additional leave. Only a whole working day will be granted. Paragraph 5 shall remain unaffected. Section 5 (5) shall not apply. (2) Insofar as officials and civil servants do not meet the conditions set out in the first sentence of paragraph 1, they shall receive a working day for every 100 hours of night duty paid. During the holiday season, up to six working days are provided for additional leave. Night service hours, which are not covered by the granting of a working day additional leave, and night service hours, which have been completed in a holiday year of more than 600 night hours, are transferred to the following holiday year. The transfer is limited to 100 night service hours. Paragraph 5 shall remain unaffected. Section 5 (5) shall not apply. (3) In the case of part-time employment, the night service hours required for the granting of additional leave shall be reduced in accordance with the ratio between the reduced and regular weekly working hours. Section 5 (4) sentence 3 shall apply mutatily. The additional holiday is to be calculated after hours. For conversion, a working day of reduced weekly working time, divided by the number of days on which the reduced working time is distributed, corresponds to the reduced working week. (4) Paragraphs 1 and 2 are adjacent to each other. , The additional leave may not exceed six working days per holiday year. At the end of the holiday year, the number of night service hours referred to in paragraph 1 shall be transferred to carry-over night service hours referred to in paragraph 2, provided that the entitlement to a further working day gives rise to a supplementary leave and the right to a maximum of Six working days of additional holidays in the holiday year are not yet exhausted. Paragraph 5 shall remain unaffected. (5) The additional leave referred to in paragraphs 1 and 2 shall be increased
1.
for civil servants, who are the 50. During the year of the holiday, complete in order to have a working day,
2.
for civil servants, who are the 60. Full year of life in the course of the holiday year, to another working day.
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§ 13 Special arrangements for former federal companies

(1) For the area of Deutsche Bahn Aktiengesellschaft or a company which has been outsourced pursuant to § 2 (1) and § 3 (3) of the German Railway Founding Act of 27 December 1993 (BGBl. 2378, 2386), which was last amended by Article 307 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), the supreme service authority may not apply the application of Section 12 (1). (2) The supreme service authority may be responsible for officials who are employed by the post-successor companies.
1.
instead of the additional free-strata of the free-strata, or
2.
from the application of Section 12 (1).
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§ 14 Additional leave for civil servants in special uses

The additional leave for service at changing times is not granted
1.
Officers of the fire brigade or guard service if they are deployed on a shift plan which provides for shifts of 24 hours for the rule case,
2.
Officials who, between the end of the service and the next beginning of the service, are on board ships or on dormant floating equipment;
3.
Officials who are on board ships or on floating equipment to the board and port guards or to the anchor watch.
If at least a quarter of the classes of civil servants of the fire brigade or guard service take less than 24 hours, but more than 11 hours, they will receive one working day for five months of shiftwork during the holiday year; § 12 Paragraph 5 shall not apply. Unofficial table of contents

Section 15 Scope

This Regulation shall also apply to the judges of the Federal Government and the officials of the administrative bodies and bodies under the authority of the Federal Government under Article 130 of the Basic Law. Unofficial table of contents

§ 16 Foreign use

(1) The home leave regulation shall apply accordingly for civil servants working abroad who are not members of the External Action Service. As far as civil servants and civil servants at duty stations are concerned pursuant to § 1 of the German Ordinance on Homeland Security of 3 June 2002 (BGBl. 1784), as last amended by Article 1 of the Regulation of 15 June 2010 (BGBl I). 792), which are not covered by the General Administrative Regulation on additional holiday days for civil servants of the Foreign Service at foreign duty stations, the Federal Ministry of the (2) severely disabled civil servants working abroad will receive an additional leave of five working days per year; if the regular working time is distributed to more or less as five working days in the calendar week, or if the additional leave is reduced accordingly. Unofficial table of contents

§ 17 (omitted)