Service Finder

back

Educational leave in accordance with the Thuringian Educational Leave Act (ThürBfG)

Service Description

Since January 1, 2016, employees in Thuringia have been entitled to five days of paid educational leave within a calendar year for a five-day workweek. If employees regularly work fewer than five days, the entitlement is reduced accordingly. Trainees are entitled to three days of educational leave.

The sponsor of educational events can have these recognized in accordance with the Thuringian Educational Leave Act.

Recognition is granted for educational events in the fields of sociopolitical, work-related or volunteer-related education.

Employees in Thuringia are entitled to be released by their employer for up to five days per year for further education. The leave of absence is granted with continued payment of wages. Recognition is a prerequisite for employees to take paid time off.

Time off is granted for participation in recognized educational events in the fields of sociopolitical, work-related or volunteer education.

Employees must submit their claim in writing to the employer at least eight weeks before the start of the educational event.

Process flow

  • You go online to www.bildungsfreistellung.de/bildungsveranstaltungen to find out about recognized training events and select the training event you would like to attend.
  • You print out the certificate for the desired training event that can be found on the website as well as the course description provided by the sponsor of the training event or a catalog of events. If the latter is not available online, contact the sponsor of the educational event.
  • Use the recommended application form or write an informal application.
  • You send the application together with the certificate of recognition of the educational event according to the Thuringian Educational Leave Act to your employer at least eight weeks before the start of the educational event.
  • The employer must inform you of his or her decision in writing no later than four weeks after the application is submitted.
  • In the event of a rejection, the employer must inform you in writing of the reasons.
  • If this notification is made incorrectly (deadline is exceeded, written form is not observed, reasons are not explained), approval is deemed to have been granted.
  • If your request has been approved, you can register with the organizer and participate in the educational event.
  • After participation, you must provide proof of proper attendance to your employer. You will receive a corresponding certificate for this from the organizer of the training event free of charge.

Who should I contact?

Please contact the Thuringian Ministry of Education, Youth and Sports (TMBJS).

Requirements

In principle, each and every

  • employee,
  • apprentice and trainee,
  • persons employed in home work and
  • persons who, because of their economic independence, are to be regarded as persons similar to employees, as well as
  • persons who work in recognized workshops for disabled persons or for them in home work,

are entitled to educational leave if their place of work is in Thuringia or their employer has its place of business in Thuringia.

Civil servants within the meaning of Section 1 of the Thuringian Civil Service Act and judges within the meaning of Section 2 (1) of the Thuringian Judges Act are also entitled to educational leave.

The only exceptions are employees in companies with fewer than five employees and employees who have been employed by their employer for less than six months.
Civil servants within the meaning of Section 1 of the Thuringian Civil Service Act and judges within the meaning of Section 2 (1) of the Thuringian Judges Act are also entitled to take educational leave.
The only exceptions are employees in companies with fewer than five employees and employees who have not yet been employed by their employer for six months.

Which documents are required?

You will need the following documents:

  • Certificate of recognition of the educational event in accordance with the Thuringian Educational Leave Act.

Furthermore, an application form is recommended, which can be used for the written assertion of the claim with your employer or your employer. However, you can also assert your claim informally.

What are the fees?

Fee: free of charge

What deadlines do I have to pay attention to?

The employee must submit the claim for educational leave in writing to the employer at least eight weeks prior to the start of the educational event.

Processing duration

The Thuringian Ministry of Education, Youth and Sports (TMBJS) decides on applications for recognition after hearing an advisory board composed equally of representatives of employers, employees and educational institutions. This is another reason why the processing time is currently at least two months and does not usually take longer than six months.

Processing Time: 0 - 4 Weeks

Legal basis

Applications / forms

Taking legal action before the labor court if the employer refuses the claim for educational leave and this is unlawful from the employee's point of view. Legal advice is strongly advised.

Appeal

Forms available: Yes

Written form required: Yes

Informal application possible: Yes

Personal appearance required: No

Online services available: No

What else should I know?

The employer may reject an application for educational leave if

  • the claim has not been made in writing at least eight weeks before the educational event,
  • the educational leave is precluded by urgent operational concerns within the meaning of § 7 of the Federal Leave Act of January 8, 1963,
  • the company is in economic difficulties
  • already approved applications for leave by other employees conflict with the educational leave,
  • in companies with five to 25 employees, five days of leave per year have already been approved or taken,
  • in companies with 26 to 50 employees, 10 percent of the possible annual days off have already been approved or taken, or
  • in establishments with more than 50 employees, if 20 percent of the annual possible days off have already been approved or taken.

The employer may withdraw his or her approval if unforeseeable operational issues arise (e.g. illness of other employees). In this case, the employer must compensate the damage incurred (e.g. the participation fee or the cancellation amount).

In the event of a refusal or withdrawal of consent, the exemption entitlement may be carried over once to the following year; to this end, the employee must submit a written application.

Other leaves of absence for which the employer continues to pay wages may, in principle, be credited against the leave entitlement. The leave of absence must be for an educational event within the meaning of the Bildungsfreistellungsgesetz (German Education Leave Act). This also applies to events organized by the employer (e.g. company training measures) and attended by the employees at the employer's suggestion, provided that the employer has previously pointed out the possibility of crediting.

In addition, credit is given for participation in events for which participation has been declared as creditable in the form of a works or service agreement between the employer and the relevant works or staff council.

Participation in events which serve the purpose of familiarization with specific company jobs or predominantly internal company requirements shall not be credited.

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Thuringian Ministry of Education, Youth and Sports

Professionally released on

18.10.2022

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

No competent authority found

Please enter your location.