Search
Contact
14.10.2021 | KPMG Law Insights

Special leave due to storm damage? – What you need to know now.

Special leave due to storm damage? – What you need to know now.

The living room is knee-high in water, the bedroom is full of mud, and the basement is no longer accessible at all. This or something similar is the situation in many of the houses and apartments affected by the flood disaster. Among other things, those affected are busy with the cleanup and have to take care of the insurance, so the job takes a back seat for the time being. But are you allowed to stay away from work in such a case? If so, for how long? And what about payment then? These questions are not only asked by employees in the private sector, but also by civil servants in the public sector.

Of course, it is possible to use a few days of annual leave for such a case. However, if employees are unable or cannot reasonably be expected to come to work through no fault of their own (cf. Section 616 of the German Civil Code), they are entitled to paid special leave. Special leave is a form of leave granted for a relatively insignificant period of time for reasons inherent in the person of the employee. However, the right to special leave may (permissibly) be excluded or limited by employment contract. A look at your own employment contract will help here. The period for which the special leave is to be granted is generally at the discretion of the employer.

An entitlement to special leave may arise for federal civil servants under the Special Leave Ordinance. This ordinance regulates entitlements to special leave and the respective duration. The regulation also specifies the conditions and events under which such leave is to be paid. Special leave is to be granted to federal civil servants in accordance with Section 21 SUrlV, for example, in the event of the birth of one’s own child or the death of a close person. The case of a severe weather disaster is not mentioned by name in the ordinance, but may be covered under sec. 22 para. 2 SUrlV fall under. According to this, with the approval of the Federal Minister of the Interior, “special leave may be granted for important personal reasons with continued payment of salary.” Such “important personal reasons” can also include the consequences of an extreme snowfall or, precisely, a storm, as can be seen from a circular issued by the Ministry of the Interior in 2019. However, it is necessary that the prevention of the performance of the work is related to the protection of one’s own property threatened by the flood. The duration of the special leave is again at the discretion of the respective service authority.

North Rhine-Westphalia and Rhineland-Palatinate in particular were hit hard by the flood. The ordinances there (Freistellungs- und Urlaubsverordnung NRW – FrUrlV NRW and Urlaubsverordnung Rheinland-Pfalz – UrlVO RLP) also contain similar regulations. However, there is no nationwide uniform regulation regarding special leave for civil servants affected by the storm. It can be assumed that the prevention of work due to flood damage is covered by this. However, this is at the discretion of the respective employer. This means that they decide whether and to what extent to grant individuals time off work so that they can attend to their personal affairs.

Time off from work or duty is not only considered for clean-up work, but also, for example, if the route to work cannot be taken due to storm damage or can only be taken at unreasonable expense.

In the current situation, it can be assumed that both employers and service providers will grant sufficient time off work not only to those affected by the storm damage, but also to helpers. It is, of course, advisable to inform the employer or principal about the personal situation as early as possible and to find a joint solution in this regard.

Explore #more

05.11.2026 | KPMG Law Insights

Security Clearance Checks Under the SÜG—Practical Implementation and Common Mistakes

Before employees are granted access to sensitive information or perform security-sensitive tasks as part of an assignment, their reliability must be verified through a special…

04.11.2026 | KPMG Law Insights

EUDR: These obligations apply throughout the supply chain – as of 2026

After being postponed twice, the EU Deforestation Regulation (EUDR) is expected to take effect on December 30, 2026. Companies that handle certain products derived…

04.11.2026 | In the media

JUVE: Risks Associated with the Use of AI at the Highest Levels

AI can assist executive boards, supervisory boards, and managing directors in making decisions. However, unverified results can create liability risks. Fraport General Counsel Thomas Stoll…

30.10.2026 | In the media

New Podcast in the Packaging Journal: PWR in Practice—Who Is Liable, Who Pays, and What Are the Current Rules?

The core obligations of the PPWR have been in effect since August 12, 2026. In the Packaging People podcast, Dr. Simon Meyer of KPMG Law…

29.10.2026 | In the media

KPMG and KPMG Law Article in *Betriebs-Berater*: Pitfalls in Customs Law

In light of geopolitical changes, new trade barriers, and more rigorous audits, customs and foreign trade law are increasingly becoming a focus for companies. The…

27.10.2026 | In the media

Op-Ed in Versicherungsmonitor: The Environment Is Finally Becoming a Compliance Risk

With the implementation of the new EU Environmental Criminal Law Directive, the environment is becoming a core area of managerial liability. Managers face reputational damage,…

27.10.2026 | KPMG Law Insights

Federal Court of Justice on the Summary Report: Tax-Exempt but Still a Criminal Offense

Can someone be punished for sales tax evasion even if the sales were subsequently deemed tax-exempt? Yes, says the Federal Court of Justice (BGH) in…

23.10.2026 | KPMG Law Insights

PHP2Shell may trigger legal obligations for companies

Two critical vulnerabilities in the PHP programming language are threatening web applications and digital products worldwide. The Federal Office for Information Security (BSI) has warned…

20.10.2026 | In the media

KPMG Law Guest Column in it daily: The Business Judgment Rule and the Use of AI

The rapid advancement of artificial intelligence presents corporate leadership with diverse and far-reaching decisions. These decisions concern not only the selection and deployment of appropriate…

19.10.2026 | In the media

New articles have been published in PERSONALFÜHRUNG

The current issue of PERSONALFÜHRUNG (10–11/2026) features two articles by female experts from KPMG and KPMG Law. In the article “Will AI Save the Day?…

Contact

Kristina Knauber

Senior Manager

Luise-Straus-Ernst-Straße 2
50679 Köln

Tel.: +49 221 271 689 1498
kknauber@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll