Back from Vacation and Still Sick: Can You Get Your Vacation Days Back?
Fever on day three of your holiday? In many cases, those days don’t have to count as vacation—if you do the right things in time.
- Sick days during approved vacation can be credited back—if you prove you were unfit for work.
- Timing and documentation matter: inform your employer and get a proper medical certificate quickly.
- Special rules apply abroad, for partial sick days, and when you fall ill before your vacation starts.
1) The everyday problem: “My vacation turned into bed rest”
You finally got time off. The suitcase is packed, the out-of-office reply is on, and the first evening feels like freedom. Then it happens: sore throat, chills, and the next morning you’re staring at a thermometer instead of a mountain view.
Many people assume: “Bad luck—vacation is vacation.” But German employment law treats vacation and sick leave as two very different things. Vacation is meant for rest and recovery. If you’re genuinely ill and unable to work during your vacation, those days may not count as vacation days at all.
That’s the core idea behind a rule that surprises a lot of employees: if you are medically unfit for work during vacation, you can usually reclaim those vacation days. It’s not automatic, though. You have to handle it correctly, and the details matter—especially if you’re abroad or if you delay informing your employer.
2) When sick days don’t count as vacation days (and when they still do)
Think of vacation like a cinema ticket: it’s meant for enjoying the movie. If the cinema is closed because you’re sick in bed, you didn’t really get what the ticket was for. The law follows a similar logic: sick days and vacation days should not “overlap” if the illness actually prevents you from working.
What generally needs to be true
- You were on approved vacation (your employer had granted the leave).
- You were ill in a way that made you unfit for work (not just “feeling a bit off”).
- You have proof, typically a medical certificate (Arbeitsunfähigkeitsbescheinigung / AU).
In practice, the key phrase is unfit for work. A mild headache you could work through may not qualify. A migraine that keeps you in a dark room might. A sprained ankle might qualify for a warehouse worker but not for someone who could work at a desk—depending on the job and severity. It’s not about whether you can enjoy your vacation; it’s about whether you can perform your job.
Common scenarios (with plain-language outcomes)
| Scenario | Do you usually get vacation days credited back? | Why it matters |
|---|---|---|
| You have a doctor’s AU for 3 days during your vacation | Often yes | The AU documents work incapacity for those specific dates |
| You’re ill but don’t see a doctor and have no AU | Often no | Without proof, the days usually remain vacation days |
| You feel unwell but still go hiking / sightseeing | It depends (can look doubtful) | Employers may question whether you were truly unfit for work |
| You fall ill before vacation begins | Vacation may not start at all | If you’re already unfit for work, vacation is typically postponed |
| You recover mid-vacation | Only the AU-covered days | Crediting back is date-specific, not “the whole trip” |
A short real-life style example
Sara takes 10 days of vacation. On day 4 she gets a high fever and visits a doctor, who issues an AU for day 4–6. Sara emails HR the same day and sends the AU. Result: those 3 days are typically not counted as vacation days, meaning she used 7 vacation days, not 10. She doesn’t automatically “extend” her vacation; she just gets 3 vacation days credited back for later.
What this rule does NOT mean
- You can’t self-declare vacation back just because the weather was bad or you had travel stress.
- You don’t get extra vacation for being sick; you simply avoid losing vacation days to illness—if properly documented.
- You can’t just stay away longer without coordination. Even if vacation days are credited back, you still need approved time off for any additional days.
Partial-day illness: “I got sick in the afternoon”
This often feels unfair: you spent the morning at the beach, then got sick and spent the rest of the day in bed. Legally and practically, sick notes and vacation days are typically handled in full calendar days. Doctors usually certify work incapacity for full days (from date X to date Y). If you only become unfit for work later in the day, whether that day can be reclaimed depends on the medical assessment and how the certificate is issued. When in doubt, it’s worth clarifying with the doctor right away what date the AU starts.
3) What you should do immediately (checklist you can actually follow)
When you’re ill on vacation, you’re not thinking about paperwork. But a few timely steps can make the difference between “lost vacation” and “credited back days.” Here’s a practical approach that fits most real workplaces.
- Step 1: Inform your employer quickly.
Send a short message (email is ideal) saying you are ill and, if you know it, how long you expect to be unfit for work. You don’t need to share diagnoses. A simple “I’m sick and will see a doctor today” is enough.
- Step 2: See a doctor and obtain an AU.
To reclaim vacation days, you generally need medical proof that you were unable to work on those days. If you wait until you’re back home, it may be too late to have the illness properly certified for past days.
- Step 3: Send the proof as required.
Many employers in Germany receive the AU electronically (eAU). But not every situation is seamless—especially if you’re treated abroad. Ask your employer/HR what they need and how they want it sent. If you receive paper documentation, keep copies.
- Step 4: Don’t “extend” your vacation on your own.
If your vacation ends on Friday and you’re still sick on Monday, you may remain on sick leave (with AU), but you must follow the normal sick-leave process. If you recover earlier and want to take credited-back vacation days immediately after: that requires approval like any other vacation request.
A quick message template (simple and polite)
Subject: Sick during vacation
Hello [Name/HR Team],
I’m currently on vacation but have fallen ill and am unable to work. I’m seeing a doctor today and will provide the medical certificate/AU as soon as possible. My current expectation is that I’ll be unfit for work until [date, if known].
Best regards,
[Your name]
What if your employer says: “Vacation is vacation”?
That statement is often based on misunderstanding or on missing documentation. In many cases, the discussion becomes much simpler when you provide a clear AU covering specific dates and show that you informed the employer without delay. If the employer still refuses, it may be time to get individual legal advice—especially if the number of days is significant.
4) Special situations that often cause confusion (abroad, eAU, and “I was sick but…”)
Real life rarely fits perfectly into a rule. Here are the situations that tend to create stress, along with the practical issues behind them.
1) You got sick abroad
If you’re outside Germany, you can still reclaim vacation days, but you may face extra hurdles:
- Getting an equivalent medical certificate: not every country issues an AU in the German format. The document should still clearly state the period of work incapacity.
- Language and completeness: if the certificate is in another language, your employer might ask for clarification/translation. (In practice, a clear document with dates often works; disputes arise when documents are vague.)
- Informing the employer: time zone differences and travel logistics are not excuses to wait several days. A short email from your phone is usually enough.
2) Electronic sick note (eAU) and “Do I still need to send something?”
Many employees assume eAU means they do nothing. But during vacation—especially if treated abroad—your employer may not automatically receive anything. Even in Germany, technical or administrative gaps happen. The safest approach is: notify your employer and ask what proof they need. If you receive any document, keep it and offer to forward it.
3) You’re “sick” but still doing vacation activities
This is sensitive. Being unfit for work doesn’t necessarily mean you are unable to leave the hotel room. But if you post photos dancing at a festival while claiming you’re too ill to work, it can create conflict and even raise suspicion about whether the AU reflects reality.
A helpful way to think about it: your behavior should be consistent with recovery. A short walk can fit. A strenuous mountain tour during an AU period can look contradictory (even if you subjectively felt better that day).
4) You fall ill right before your vacation starts
If you become unfit for work before the first vacation day, your vacation typically doesn’t “start” as planned. Instead, you are on sick leave, and the vacation days remain available for later. This often matters around big trips: you might have booked flights, but legally speaking your employer may treat the period differently depending on when the illness begins and how it’s documented.
5) You fall ill on the last days of vacation
This is where people often make mistakes. If you wait until you’re back at work to mention that you were sick at the end of your vacation, it may be hard to fix. If you’re unfit for work on those days, get the AU for those exact dates and inform your employer right away—even if it’s “only two days.”
No. In practice you usually need a medical certificate confirming you were unfit for work on specific dates, and you must inform your employer. Without proof, the days often remain vacation days.
No. In practice you usually need a medical certificate confirming you were unfit for work on specific dates, and you must inform your employer. Without proof, the days often remain vacation days.
Usually not without approval. The illness may prevent the days from counting as vacation, but any additional time off still requires the employer’s consent—unless you are still on certified sick leave.
Usually not without approval. The illness may prevent the days from counting as vacation, but any additional time off still requires the employer’s consent—unless you are still on certified sick leave.
A valid medical certificate is strong evidence, but disputes can arise if documentation is unclear or behavior seems inconsistent with being unfit for work. If conflict escalates, it can help to document communication and seek legal advice.
A valid medical certificate is strong evidence, but disputes can arise if documentation is unclear or behavior seems inconsistent with being unfit for work. If conflict escalates, it can help to document communication and seek legal advice.
A small “mental model” to remember
Vacation is your employer granting you time off to rest. Sick leave is your body forcing you to rest. When the second one happens during the first, the law often tries to prevent you from losing the first—but only if you can show the second was real, medically relevant, and properly reported.