Between bargain flights and school attendance: is it legal to go on holiday before term ends?

It’s very tempting to fly off on holiday a few days before the official start of the summer break: families can save hundreds of euros on flights and hotels. It also helps avoid the worst of the motorway traffic jams. But simply starting the holiday early is not allowed in Germany. ERGO legal protection expert Sabine Brandl explains which rules apply to parents and school-age children.

Compulsory schooling: no exceptions for holiday plans

School attendance is compulsory in Germany and applies in all federal states. It obliges children and young people to attend school regularly – and parents to ensure they do so. The details are set out in each federal state’s school laws. “What they all have in common, however, is that compulsory schooling also applies on the days immediately before and after the school holidays,” says Sabine Brandl.

Taking children out of school: when are exceptions possible?

Authorised absence from school is only possible for important reasons. These can include family weddings, bereavements, religious events, as well as sporting competitions or medical appointments which can only take place during school hours. Depending on the school and the federal state, the first point of contact is usually the class teacher or head teacher. For longer periods of absence, the local education authority often has to give its approval. Strict rules apply in all federal states in the days directly before and after the holidays; in this period, permission is only granted in exceptional cases – and not for holiday trips. “Applications must be submitted in writing, in good time and with supporting documents,” explains Brandl. “As a rule, they need to include details of the child, class, dates and reason, plus evidence such as medical certificates or official confirmations.” In some federal states, “in good time” means at least one week in advance, but this can vary.

Unauthorised absence: the possible consequences

Important to know: “A cheap flight is no free pass. Parents who take their child out of school without permission risk trouble with the school and a fine,” warns the ERGO legal protection expert. If parents claim their child is ill, schools may – especially directly before the holidays and where there is a justified suspicion – insist on a medical certificate. What happens if parents ignore the rules? “The consequences depend on the extent of the absence and the federal state. For a first offence or a genuine misunderstanding, the school will usually try to talk to the parents or issue a formal warning,” says Brandl. However, fines calculated per day of absence and per child are also possible. To this end, the school reports the breach of compulsory schooling to the competent authority, such as the local regulatory authority (Ordnungsamt). Depending on the federal state, fines can be up to €1,000 in Bavaria and up to €2,500 in Berlin, for example, plus administrative fees. That supposedly cheap flight can quickly turn into an expensive luxury. The fine notice is addressed to the parents or, for pupils aged 14 and over, also to the young person themselves. Parents who persistently and deliberately do not send their children to school can, in some federal states such as Hamburg and Hesse, even face criminal proceedings – although this is rare.

“It won’t be noticed” can be costly: checks at airports

Many parents feel safe and think: “No one will notice.” But authorities are particularly vigilant in the days before the summer holidays. At major German airports, police checks are to be expected, and officers specifically look out for school-age children. If they encounter families travelling with compulsory-school-age children, they will ask to see confirmation that the child has been officially granted leave from school. If parents cannot produce this, the incident is recorded and passed on to the relevant education authority. Once a fine notice has been issued, those affected have two weeks to lodge an appeal. If they do not, the notice becomes legally binding and the parents have to pay.

Legal tips for families

When planning holiday dates, families should bear the following in mind: they should only apply for leave from school if there is a genuine exceptional reason – and they should do so as early as possible. If the application is refused, parents should accept the decision and not go ahead with the trip on their own initiative. “In the event of a dispute, written explanations, supporting documents and, if necessary, legal advice can help clarify the situation,” says the ERGO legal protection expert. However, because the threshold for approving holiday-related absence is very high, legal action aimed solely at extending school holidays is virtually never successful.