Bereavement Leave in Germany 2026: How Many Days Are You Entitled To?

Introduction

When you have lost a loved one, employment law is likely the last thing you wish to think about. And yet, in the first days following a death, there are many urgent tasks to attend to: organising the funeral, obtaining documents, and saying goodbye. For all of this, you need time — and you have a right to it.

This article explains clearly and comprehensibly what rights you hold as an employee in the event of a bereavement. We show you how many days of bereavement leave you are entitled to, which legal provisions apply, and what you can do if your employer refuses to grant the leave.

In this guide, you will learn:

• How many days of paid bereavement leave you are entitled to — by degree of kinship
• What Section 616 of the German Civil Code (BGB) provides and why your employment contract is decisive
• Which provisions apply in the public sector (TVoeD) and under collective agreements (Tarifvertraege)
• What documentation your employer may request
• What you can do if bereavement leave is refused
• Practical tips for coordinating funeral arrangements and work

Please remember: you do not have to get through this difficult time alone. Beyond the legal aspects, there are people and institutions that can help you — from the works council (Betriebsrat) to trade unions and bereavement counselling services.

How many days of bereavement leave are you entitled to?

In the event of a death in the family, you are generally entitled to 1 to 3 days of paid bereavement leave. The precise number depends on your employment contract, the applicable collective agreement, and your degree of kinship with the deceased. Where no contractual provision exists, Section 616 of the German Civil Code (BGB) applies, providing for paid leave for a "relatively insignificant period of time."

The following table provides an overview of the standard leave entitlements by degree of kinship and legal basis:

Important: These figures represent guidelines. Your individual entitlement always results from the combination of statute, collective agreement, works agreement, and employment contract. Therefore, check your personal contractual documents first.

Where can you find your individual entitlement?

When establishing your entitlement, proceed in the following order:

1. Employment contract — Does your contract contain a clause on bereavement leave? Is Section 616 BGB expressly excluded?
2. Works agreement (Betriebsvereinbarung) — Is there a company-level agreement that governs bereavement leave?
3. Collective agreement (Tarifvertrag) — Is your employment relationship subject to a collective agreement (e.g. TVoeD, IG Metall, ver.di)?
4. Section 616 BGB — If none of the above sources contains a provision and Section 616 BGB has not been excluded, the statute applies.

Legal basis — Section 616 BGB explained

The most important statutory basis for bereavement leave is Section 616 of the German Civil Code (Buergerliches Gesetzbuch, BGB). This provision stipulates that the employer must continue to pay remuneration when an employee is prevented from performing work "for a relatively insignificant period of time due to a reason personal to the employee." The death of a close relative is recognised as such a reason.

What exactly does Section 616 BGB provide?

The wording of the statute deliberately does not specify a fixed number of days. The phrase "relatively insignificant period of time" is generally interpreted by the courts as 1 to 3 working days — depending on the circumstances of the individual case.

Factors that influence the duration:

• Degree of kinship — the closer the relationship, the more generous the leave
• Organisation of the funeral — if you are personally responsible for organising the funeral, additional days may be justified
• Distance to the place of burial — a long journey may warrant extra days
• Regional customs — in some regions of Germany, multi-day funeral observances are customary

Important: Section 616 BGB can be excluded

A crucial point that many employees are unaware of: Section 616 BGB is dispositive (abdingbar). This means that your employer can validly exclude this provision in the employment contract. If your contract contains a clause such as "Section 616 BGB shall not apply" or "Continued payment of remuneration in the event of personal impediment is excluded," you have no statutory entitlement to paid bereavement leave.

In that case, only the following apply:

• Collective agreement provisions (if applicable)
• Works agreements (if applicable)
• Your employer's goodwill

Practical tip: Check your employment contract now — not when you are grieving. If you are unsure, ask your works council (Betriebsrat) or human resources department (Personalabteilung).

Bereavement leave under TVoeD, collective agreements, and civil service law

Beyond the general statute (Section 616 BGB), there are specific provisions for various professional groups. Employees in the public sector, in industries covered by collective agreements, and civil servants often have clearer — and in some cases more generous — entitlements than the statute alone provides. Below you will find an overview of the most important regulatory frameworks.

TVoeD — Public sector (Section 29 TVoeD)

Public sector employees receive 2 working days of bereavement leave under Section 29 of the Collective Agreement for the Public Service (Tarifvertrag fuer den oeffentlichen Dienst, TVoeD) upon the death of a spouse, registered civil partner, child, or parent. This provision is unambiguous and requires no interpretation.

For siblings, parents-in-law, grandparents, or grandchildren, the TVoeD provides no explicit entitlement. In these cases, a conversation with your line manager is necessary — many public sector offices show accommodation in such situations.

IG Metall — Metalworking and electrical industry

In the metalworking and electrical industry, the collective agreements (IG Metall) generally provide 2 to 3 working days upon the death of close relatives (spouse, registered partner, children, parents). The precise provisions vary by regional collective agreement, as IG Metall negotiates regionally.

ver.di — Service sector

In the service sector (ver.di), most collective agreements provide for 2 working days upon the death of close relatives. Here too, the details vary by industry and region.

IGBCE — Chemicals, mining, and energy

The collective agreements of the Industrial Union for Mining, Chemicals, and Energy (IGBCE) contain leave provisions similar to those of IG Metall and ver.di. In the chemical industry, 2 days upon the death of close relatives is standard.

Civil servants — Special Leave Ordinance (SUrlV)

Federal civil servants (Bundesbeamte) are entitled to special leave under the Special Leave Ordinance (Sonderurlaubsverordnung, SUrlV). Under Section 12 SUrlV, 2 days are generally granted upon the death of close relatives. For state civil servants (Landesbeamte), the respective state special leave ordinances apply, which contain comparable provisions in most federal states (Bundeslaender).

Comparison table: Bereavement leave by legal basis

Note: "Closest relatives" typically encompasses spouses, registered civil partners, children, and parents. The definition may vary slightly depending on the collective agreement.

What documentation does the employer require?

The employer is permitted to request proof of the bereavement. As a rule, presenting a copy of the death certificate (Sterbeurkunde) or a confirmation from the funeral director suffices. Importantly: you do not have to provide the documentation immediately. Focus first on what truly matters right now.

Standard documentation

• Death certificate (Sterbeurkunde) (a copy suffices) — the most important document; learn more in our article on funeral costs and tax deductions
• Confirmation from the funeral director — may be available more quickly than the death certificate
• Death notice (Todesanzeige / Traueranzeige) — accepted by some employers as provisional proof
• Proof of kinship — for more distant relatives, the employer may request documentation of the family relationship (e.g. family register, birth certificate)

Deadlines for submission

There is no statutory deadline within which you must submit documentation. In practice, the following applies:

1. Immediately: Inform your employer verbally (a telephone call or email suffices)
2. Within a few days: Submit a copy of the death certificate or a confirmation from the funeral director
3. No precondition: The employer may not make the leave conditional upon prior submission of documentation

What to do if the employer refuses bereavement leave?

If your employer refuses bereavement leave, there are clear steps you can take. First, check whether Section 616 BGB has been excluded in your employment contract and whether a collective agreement applies. Then contact your works council (Betriebsrat) or trade union, who can advise and mediate. As a last resort, legal action is available to you.

Step 1 — Review employment contract and collective agreement

Read your employment contract carefully. Pay attention to clauses that exclude or restrict Section 616 BGB. At the same time, check whether your employment relationship is subject to a collective agreement — because collective agreement provisions generally take precedence over the employment contract where they are more favourable to you.

Step 2 — Involve the works council

If your workplace has a works council (Betriebsrat), contact them. The works council can:

• Review your rights and advise you
• Mediate between you and your employer
• Insist on compliance with collective agreements and works agreements

Step 3 — Contact your trade union

If you are a member of a trade union (IG Metall, ver.di, IGBCE, or others), you are entitled to free legal advice. The trade union can:

• Assess your entitlements from a legal perspective
• Draft a letter to your employer
• Provide legal protection in the event of a dispute

Step 4 — Employment tribunal proceedings

If all previous steps yield no result and your employer withholds remuneration for the bereavement leave days, you may file a claim for payment (Leistungsklage) or a declaratory action (Feststellungsklage) at the Employment Tribunal (Arbeitsgericht). Please note: in the first instance at the Employment Tribunal, each party bears its own legal costs — trade union membership with legal protection is particularly valuable here.

Pragmatic tip: Before pursuing legal action, consider taking regular annual leave or applying for unpaid leave. This allows you to organise the funeral without falling behind, and to resolve the legal dispute in due course.

Practical tips — Coordinating funeral arrangements and work

Beyond bereavement leave, there are further ways to gain the necessary time for the funeral and the initial period of mourning. Communicate with your employer at an early stage — most line managers show understanding in this situation and will accommodate you, even where the contractual entitlement is limited.

How to create the space you need

• Immediate notification — Telephone your employer as soon as possible. A brief call suffices. Follow up with written confirmation by email.
• Request supplementary annual leave — If 2 to 3 days are not sufficient, request additional regular holiday. Employers will generally approve this at short notice.
• Negotiate unpaid leave — For a longer period, you may apply for unpaid leave. This is particularly relevant if you are taking on the entire funeral organisation.
• Working from home as a transitional arrangement — If your role permits it, working from home in the days following the funeral can provide a good transitional solution. You remain contactable whilst handling organisational tasks more flexibly.
• Engage a funeral director — A professional funeral director takes many organisational tasks off your hands and can manage coordination with public authorities. This frees up valuable time.

Many families find solace in the weeks following a loss by creating a memorial page that brings together memories in one place and is accessible to all family members.

Whilst you coordinate work and mourning — consider the remembrance as well. A digital memorial on Kinmory preserves photographs, stories, and a life history for all family members. Learn more on Kinmory

Checklist: Informing your employer in the event of a bereavement

1. Inform your employer by telephone (Day 1)
2. Confirm by email: degree of kinship, anticipated period of absence
3. Request bereavement leave (citing employment contract, collective agreement, or Section 616 BGB)
4. If needed, request additional regular holiday or unpaid leave
5. Submit documentation (death certificate or funeral director confirmation) as soon as possible
6. Agree a return date with your employer

Frequently Asked Questions

Am I entitled to bereavement leave if my mother-in-law dies?

There is no statutory entitlement to bereavement leave upon the death of parents-in-law. However, many employers grant 1 day of paid leave upon request. Check your collective agreement (Tarifvertrag) or works agreement (Betriebsvereinbarung) — some include provisions for parents-in-law. Speak with your line manager or works council (Betriebsrat).

Can my employer refuse bereavement leave?

If your employment contract does not exclude Section 616 BGB and a close relative (spouse, child, or parent) has died, your employer has no legal basis to refuse bereavement leave. If Section 616 BGB has been contractually excluded, only collective agreement provisions apply. In the event of a dispute, contact your works council (Betriebsrat) or a specialist employment lawyer (Fachanwalt fuer Arbeitsrecht).

Does bereavement leave count against my annual holiday entitlement?

No. Bereavement leave is additional paid leave and is not deducted from your regular annual holiday entitlement. Your right to rest leave under the Federal Holiday Act (Bundesurlaubsgesetz) remains fully intact. Your employer may not offset bereavement leave against existing holiday days.

Do I have to present a death certificate immediately?

No. You may provide the documentation after the fact. Inform your employer initially by telephone or email and submit the death certificate (Sterbeurkunde) or a confirmation from the funeral director once you are able to do so. Immediate presentation is not required.

Does bereavement leave apply if a stepchild or stepfather dies?

This depends on your employment contract and collective agreement. Section 616 BGB does not specify particular degrees of kinship. In practice, stepparents and stepchildren are frequently treated in the same way as biological relatives where a close family relationship exists. Speak with your employer or works council (Betriebsrat).

Summary

• 1 to 3 days of paid bereavement leave are available upon the death of close relatives — the precise number depends on the degree of kinship, employment contract, and collective agreement.
• Section 616 BGB is the statutory basis, but it can be excluded in the employment contract. Check your contract.
• TVoeD (public sector): 2 working days upon the death of a spouse, registered partner, child, or parent.
• Collective agreements (IG Metall, ver.di, IGBCE): Typically 2 to 3 days for close relatives — the regional collective agreement is decisive.
• Civil servants: The Special Leave Ordinance (Sonderurlaubsverordnung, SUrlV) generally provides for 2 days.
• Documentation (death certificate, funeral director confirmation) may be submitted after the fact — you do not have to present it immediately.
• If refused: Involve the works council (Betriebsrat), contact your trade union, and as a last resort pursue proceedings at the Employment Tribunal (Arbeitsgericht).
• Additionally: Regular annual leave, unpaid leave, or working from home can supplement bereavement leave where needed.

Note: This article is intended for general information purposes and does not constitute individual legal advice. The information is current as of 22 March 2026. For your personal circumstances, please contact your works council (Betriebsrat), your trade union, or a specialist employment lawyer (Fachanwalt fuer Arbeitsrecht).

Related Articles

• Death in the Family — What to Do: A Step-by-Step Guide
• Funeral Costs in Germany 2026 — What Does a Funeral Cost?
• Deducting Funeral Costs from Tax — EUR 15,000 Allowance 2026
• Finding a Funeral Director — What to Look For
• Creating a Digital Memorial — Preserving Remembrance