Elternzeit Inanspruchnahme

When you become parents, you are entitled to unpaid time off from work, provided you meet certain requirements. You must register the parental leave with your employer in writing.

You can register parental leave with your employer in writing. The parental allowance offices will provide you with information and advice on the subject of parental leave.

Parental leave is unpaid time off for parents after the birth of a child. Your employer must release you from work for up to 3 years per child.

During this time, you have special protection against dismissal and do not receive a salary. However, compensation through parental allowance is possible and must be applied for separately.

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) has made various advice centers and information materials available on the subject of parental leave.

Start

Parental leave begins

• for mothers, after the maternity protection period, i.e. 8 weeks after the birth of the child.
• for the other parent, from the birth of the child at the earliest.

Relation to the child

Parental leave is possible for

• biological children.
• natural children of your wife or husband or your partner.
• children for whom you as the father have applied for an acknowledgment of paternity or a determination of paternity, even if a decision on your application has not yet been made.
• Foster children in full-time care.
• Adopted children, even if the adoption proceedings are still ongoing, so-called "child in adoption care".
• Grandchildren, if one of the child's parents is a minor or is in education that began before the child's 18th birthday, provided both of the child's parents are not taking parental leave
• Siblings, nieces or nephews, grandchildren, or great-grandchildren, for example, if both parents have a serious illness or disability or are deceased.

Planning

Both parents can take 3 years of parental leave each, regardless of whether the other parent also takes parental leave.

You can divide the parental leave into up to 3 periods or take it all at once. The decisive factor for the division is whether the parental leave or parts of the parental leave were taken

• before the 3rd birthday or
• between the child's 3rd and 8th birthdays.

of the child. With the employer's consent, more sections can also be taken.

Registration

You register the parental leave in writing, but informally with the employer. The deadline for registration is

• within the first 3 years of the child's life, no later than 7 weeks before the desired start of parental leave,
• from the child's 3rd birthday until the child's 8th birthday, no later than 13 weeks before the desired start of parental leave.

Your employer is obliged to confirm the parental leave.

Information on parental leave

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) provides further information and contact details for advice centers to find out about parental leave. These are, for example

• the family portal on the Internet
• the brochure "Elterngeld und Elternzeit
• the service telephone of the family portal
• the search for authorities for on-site advice

The prerequisite for parental leave is that you

• work as an employee full-time, part-time, on a fixed-term contract (mini-job) or from home. Your place of work can be in Germany or abroad, but your employment relationship must be in accordance with German labor law,
• live in the same household as your child
• take care of and raise the child yourself,
• not work at all or not more than 32 hours per week during parental leave.

There are no costs involved.

Supplement to the state of Brandenburg:

You must register your parental leave with your employer in writing, but informally, at least 7 weeks before it begins (for children older than 3 years: 13 weeks):

• When you register, you immediately determine how you will structure your parental leave for the next 2 years from the start of parental leave (flexibility for you, necessary planning security for the employer).
• If you, as a mother, take your parental leave immediately after the maternity leave period or immediately after a leave following the maternity protection period: Determination of the structure of parental leave only until the child reaches the age of 2.
• Your employer certifies that you have taken parental leave.
• Your employment relationship is suspended during parental leave.
• At the end of your parental leave, your employment will be continued.

Supplement to the state of Brandenburg:

Notice period

• You must notify your employer in writing of your parental leave at least 7 weeks (13 weeks for children older than 3 years) before it begins.

Duration

• Both parents can take up to 3 years of parental leave at the same time or alternately.
  • You can divide your parental leave into 3 periods.
  • With the employer's consent, you can also spread the time over other periods.

Protection against dismissal

• Your employer may not terminate you from the time you have registered parental leave, but no earlier than 8 weeks (for children older than 3 years: 14 weeks) before the start of parental leave and during parental leave.
• Only in special cases can a termination be declared permissible in exceptional cases.
• Your employee can only terminate the employment relationship at the end of parental leave with a notice period of 3 months.

Premature end

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

There are no clues or specifics.

Supplement to the state of Brandenburg:

• Your employer must certify that you have taken parental leave.
• During parental leave, you will not receive a salary from your employer. However, you can apply for parental allowance.
• Your vacation can be reduced by one twelfth for each full calendar month of parental leave, unless you work part-time with your employer during parental leave.
• During parental leave, part-time employment of up to 30 hours per week is permitted.

Attention:

If you are unable to return to work immediately after the end of parental leave (e.g. due to a lack of childcare), this is relevant for social security. Clarify in advance with your health insurance company whether you are covered by social security during this time.

• Parental leave consultation
• Expectant parents are entitled to unpaid time off from work Parental leave covers up to 3 years
• can be split up until the child's 8th birthday
• both parents can take parental leave, regardless of whether the other parent also takes parental leave
• special protection against dismissal during parental leave applies
• no salary payment during parental leave
• compensation through parental allowance possible
• parental allowance must be applied for separately
• Parental leave begins
  • for mothers after the maternity protection period, i.e. 8 weeks after the birth of the child.
  • for the other parent from the birth of the child at the earliest
• parental leave can be divided into 3 time periods
• The decisive factor for the division is whether the parental leave or parts of the parental leave are taken
  • before the 3rd birthday or
  • between the 3rd birthday and the 8th birthday of the child.
• child is taken.
• Parental leave is possible for
  • natural children
  • natural children of wives or husbands or civil partners
  • children for whom an acknowledgment of paternity exists or is in progress
  • foster children in full-time care
  • adopted children, so-called "children in adoptive care
  • grandchildren, if one of the child's parents is a minor or in training
  • for sister or brothers, nieces or nephews, grandchildren or great-grandchildren, e.g. if both parents have a serious illness or disability or have died
• Registration for parental leave: in writing, but informally with the employer
• Deadline for registration:
  • within the first 3 years of the child's life, no later than 7 weeks before the start of parental leave
  • from the 3rd birthday to the day of the 8th birthday no later than 13 weeks before the start of parental leave
• Employer is obliged to confirm parental leave
• Information on parental leave provided by the BMFSFJ:
  • Family portal on the Internet
  • Brochure "Parental allowance and parental leave
  • Service telephone of the family portal
  • Search for authorities for local advice
• responsible: Service team of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

Parental allowance office of the district / independent city

Supplement to the state of Brandenburg:

• no forms necessary
• Written form required: yes