Holidays in an internship? Yes, there is, at least under certain conditions. We will explain when and for how long an intern can vacate and still receives the internship remuneration.
3. Type of placement
Prerequisites for paid leave in the internship
Trainees are usually not trained specialists, but are there only [supposedly] to gain experience, acquire knowledge in a certain area, or to extend it. In the process, trainees in companies undertake simple or assisting activities over the period of several months, but sometimes even demanding tasks. Through their cooperation, trainees also contribute an economically viable contribution to the operating result.
Do interns have a right to (paid) leave? “Paid” means that a trainee gets the full monthly salary for a paid internship, even if he is a few days on vacation. So there are no deductions, but also no extra holiday allowance.
Whether an intern is entitled to (paid) leave depends, according to the Federal Holiday Act, essentially on three factors.
Duration of the internship
In principle, a claim for paid leave in the internship only begins with a duration of at least one month. From there, trainees can resume two days a month without loss of earnings. For a six-month internship, it would be 12 days.
Important: holiday entitlement for the first month is only available if the internship starts on the 1st of the month. If the internship starts as on April 6, for example, you will not be credited to your holiday account for that month.
Type of placement: Compulsory or voluntary internship
Whether an internship is entitled to leave depends on whether it is a compulsory internship (according to the school law or the examination regulations of a university degree) or a voluntary internship.
In the case of a voluntary internship, the trainee is legally regarded as a “normal” employee, irrespective of a possible remuneration, and thus has a leave claim.
This is not the case for compulsory internships. Here, the internship as a student or student is the focus. A holiday is not required for compulsory internships, but can be arranged individually between trainee and company. Many companies treat all interns in the matter of the leave, or holidays, claim the same.
Activities in the internship
There is no entitlement to leave if the trainee only passes passive company visits and does not provide the company with any economic added value. So if you only watch, perform all the activities under supervision, and thus reduce work “caused” rather than work, then he cannot count on paid days off.
By the way: All three prerequisites for vacation in the internship apply only to full-year interns. Minors are subject to the youth protection law and are entitled to a holiday in any case. The length is graded according to the age of the adolescents. It ranges from 25 (17-year-olds) to 30 working days (15-year-olds) per year. The holiday entitlement is then reduced accordingly to the duration of the internship.