Self-leave
The Insichbeurlaubung is a special case of leave schemes in the German civil service law , which is composed of § 4 para. 3 Personnel Act right of employees of the former German Federal Post (PostPersRG) in conjunction with § 22 Regulation on special leave for federal civil servants and federal officials as well as judges of the Federal (Sonderurlaubsverordnung - SUrlV) results and should enable civil servants of the postal successor companies to exercise higher-quality activities (including across career paths) without civil service restrictions. The self-leave is a special case of a special leave with no salary.
The post office successor companies Deutsche Telekom AG , Deutsche Post AG and Deutsche Postbank AG that emerged from the Post Reform II had to take over the civil servants employed by the Deutsche Bundespost ( Article 143b of the Basic Law (GG)). In the case of self-leave, the obligation to exercise office in the transferred office is suspended , but the civil servant status is retained. The civil servant is still entitled to benefits and a pension and is exempt from unemployment insurance as he continues to be a civil servant .
The regulation is intended to increase personal mobility by enabling the newly established stock corporations to give civil servants employed by them limited leave and at the same time to conclude employment contracts with them that are not subject to the constraints of public service law. In terms of pension law, the fact that the leave of absence is offset against the pensionable period of service ensures that the civil servants' pension entitlements are continued. This gives the civil servants on leave a pension perspective corresponding to their previous legal status. At the same time, this has the result that the civil servants are not to be insured in the statutory pension insurance.
"Self-leave" is approved for a limited time. They can be extended if the requirements are still met. The period of self-leave is pensionable. This ensures that pension entitlements are continued. The "self-leave" thus have no negative effects on the subsequent care. The period of leave of absence is also included in the calculation of the salary seniority, which is decisive for determining the basic salary of civil servants' salaries. Civil servants who are “on leave” do not suffer any disadvantage if they are employed again as civil servants after the leave of absence has ended. Finally, civil servants can also be promoted on “self-leave” as part of a regular career development if they perform a higher-quality job there and could be promoted according to suitability, qualifications and professional performance.
The civil service entitlement to officially appropriate employment is retained.
The definition of criteria for the selection of civil servants for so-called self-leave in accordance with Section 4 (3) PostPersRG is the establishment of guidelines on the selection of personnel in the event of regrouping according to Section 95 (1) sentence 1 BetrVG. According to Section 95 (2) BetrVG, whether an arbitration board can be set up against the will of the employer depends on the number of employees in the company.
The approval of personal leave of absence is an administrative act that requires the consent of the official concerned . The officials are not entitled to a leave of absence for themselves. Your approval is at the discretion of the employer .