Elternzeit

Parental leave enables parents to take a temporary cut to care for their child at work and strengthens family cohesion.

The entitlement to parental leave is an employment law right of employees against their employer. Employees who care for and educate their child themselves have a legal right to parental leave until the child reaches the age of three.

For births up to 30 June 2015, up to twelve months of parental leave can be transferred to the period between the child's third and eighth birthday with the consent of the employer. For births from 1 July 2015, up to 24 months of parental leave between the child's third and eighth birthday can be claimed.

During parental leave, the employment relationship is suspended. At the end of parental leave, the employment relationship is revived and the employer must re-employ the employee in accordance with the agreements made in the employment contract.

Written notification of parental leave to the employer with date and handwritten signature. An e-mail is not enough!

Binding declaration for which periods parental leave will be claimed within the next 2 years.

There must be an employment relationship in accordance with German labour law or vocational training if the training relationship is based on an employment contract.

Employees are entitled to parental leave if they live in a household with a child for whom they are claiming parental leave and care for and raise that child themselves.

Registration of parental leave

Parental leave, which is to be taken within the first three years of the child's life, must be registered with the employer in writing seven weeks before the start of the child's life.

(Only) for births from 1 July 2015 onwards, the registration period for parental leave, which is to be taken between the child's third and eighth birthday, is 13 weeks. If the registration deadline is not met, the date for the start of parental leave will be postponed accordingly.

In order for it to be clear to employers and parents for which period parental leave is claimed, the written registration must make a binding commitment to the periods for which parental leave is to be taken within two years. The postnatal maternity leave period is credited to the mother's parental leave, i.e. it is within her parental leave (Section 6 (1) of the Maternity Protection Act)! Parents should only register their parental leave for two years in order to be able to flexibly arrange the remaining time.

Notice period

Parental leave, which is taken in the first 3 years of the child's life, must be reported in writing at least seven weeks before it begins.

The registration period for parental leave for the period between the child's third birthday and the child's eighth birthday is 13 weeks before it begins.

Protection against dismissal

From the time of parental leave registration, but at the earliest 8 or 14 weeks before the start of parental leave and during it, the employer may not terminate.

Termination can only be declared permissible in special exceptional cases.

The employee can only terminate the employment relationship at the end of parental leave with a notice period of 3 months.

Premature end

If employees become pregnant again during parental leave, they can terminate the registered parental leave prematurely in order to take advantage of the statutory maternity leave periods and the associated rights. They must inform the employer of this. Parental leave ends at the earliest when this notification has been received by the employer.

Every parent is entitled to parental leave.

The employer must certify the parental leave in writing.

Recreational leave may be reduced by one twelfth for each full calendar month of parental leave, provided that no part-time work is carried out with the (original) employer during parental leave.

To your employer

Parental allowance offices advise and inform

The parental allowance offices in the Hessian Offices for Care and Social Affairs have the task of providing free information and advice on the conditions and effects of parental leave.

Parents and employers can also contact the service telephone of the Federal Ministry for Family Affairs (BMFSFJ) directly with their questions (Tel.: +49 30 201 791 30, Mon - Thu 9:00 a.m. - 6:00 p.m.).