💼 Grief at work and time off

There is no uniform statutory entitlement to several paid days off after a death – contrary to what many assume.

§ 616 BGB Special leave TVöD Release from work Time off

In brief

Contrary to what is often assumed, there is no statutory entitlement uniform across Germany to several paid days off after a death in the family. § 616 BGB grants only a "relatively insignificant period" of release in case of prevention through no fault of your own – and this provision can be waived: many employment and collective agreements expressly exclude it or replace it with their own rules.

Whether and how many days of paid special leave there are therefore depends on the applicable collective agreement or employment contract. In the public sector, for example, § 29 TVöD grants two working days of paid release on the death of a spouse/partner, child or parent – but that is an example from one particular collective agreement, not a statutory figure applying to all employees.

Step by step

Check the contractual positionCheck your employment contract and any applicable collective agreement or works agreement for a rule on special leave in the event of a death.
Inform your employerReport the death and, if possible, apply for the release in writing or have it confirmed in writing.
Discuss alternatives if no rule existsClarify remaining holiday, time off in lieu of overtime or unpaid leave with the employer.
If unfit for work, get a medical certificateIf a grief reaction limits your ability to work, regular continued payment of wages in case of illness applies, as with other illnesses.
Get support in case of disagreementInvolve the works council or staff council, a trade union or legal advice.

Deadlines

2 working days (example)

Paid release on the death of a spouse/partner, child or parent – applies only to employees within the scope of TVöD/TV-L, not uniform across Germany§ 29 Abs. 1 TVöD

Watch out – common mistakes

There is no uniform statutory entitlement to several paid days off after a death – § 616 BGB can be waived and is expressly excluded in many employment contracts.
Whether and how many days of paid release there are depends on the applicable collective agreement or employment contract – without such a rule there is often only an entitlement to a very short period, which case law interprets narrowly.
The two working days named in the TVöD are an example from the public sector, not a figure binding on all employees – other sectors and collective agreements may have different, sometimes shorter rules.
In case of persistent incapacity for work due to grief, a regular sick note is the legally safe route, not informal absence.

In depth · legal basis, figures and practice – for advisers and professionals

§ 616 BGB: narrowly interpreted and waivable

§ 616 BGB grants continued payment of remuneration if an employee is prevented from working, through no fault of their own, for a "relatively insignificant period" for a reason relating to their person. Case law interprets this period narrowly and does not quantify it uniformly with a fixed number of days. As the provision is non-mandatory, in practice it is expressly excluded in many employment contracts.

Collective agreement rules as an example

§ 29 Abs. 1 Buchst. b TVöD provides for public-sector employees two working days of paid release from work on the death of a spouse, a partner, a child or a parent. Other collective agreements (for example in industry or retail) may contain different, sometimes shorter rules or not provide for special leave on death at all – reliable, generalisable figures for "the private sector as a whole" could not be established in this research and are therefore not asserted.

Who is responsible

Employer
If bound by a collective agreement, the respective collective bargaining party
Works council or staff council as a contact

Quick questions

Worum geht es bei „Grief at work and time off“?

There is no uniform statutory entitlement to several paid days off after a death – contrary to what many assume.

Which deadlines and figures matter?

2 working days (example): Paid release on the death of a spouse/partner, child or parent – applies only to employees within the scope of TVöD/TV-L, not uniform across Germany (§ 29 Abs. 1 TVöD)

What should I do first?

Check the contractual position: Check your employment contract and any applicable collective agreement or works agreement for a rule on special leave in the event of a death.
Inform your employer: Report the death and, if possible, apply for the release in writing or have it confirmed in writing.
Discuss alternatives if no rule exists: Clarify remaining holiday, time off in lieu of overtime or unpaid leave with the employer.

What do I need to watch out for?

There is no uniform statutory entitlement to several paid days off after a death – § 616 BGB can be waived and is expressly excluded in many employment contracts.
Whether and how many days of paid release there are depends on the applicable collective agreement or employment contract – without such a rule there is often only an entitlement to a very short period, which case law interprets narrowly.
The two working days named in the TVöD are an example from the public sector, not a figure binding on all employees – other sectors and collective agreements may have different, sometimes shorter rules.

Evidence

§ 616 BGB (gesetze-im-internet.de)
§ 29 Abs. 1 TVöD (as an example for the public sector)

As of

As of September 2026. · Sources and method

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