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If you have not taken all of your parental leave during the first 3 years of your child's life, you can take the remaining time, up to a maximum of 24 months, between your child's 3rd and 8th birthday. You must register this in good time.
You can register parental leave with your employer in writing. You can also take part of the parental leave at a later date than in the first 3 years of the child's life.
If you are entitled to parental leave, you can take up to 3 years of parental leave per child. You can take your parental leave in one piece or split it up.
You can also take a maximum of 24 months in the period from your child's 3rd birthday up to and including the day before his or her 8th birthday.
During this period, the same provisions apply in principle as for the parental leave you take before your child's 3rd birthday. There are the following special features:
- You must notify your employer of the parental leave 13 weeks before it is scheduled to begin.
- Protection against dismissal begins 14 weeks before the start of parental leave.
- You can only receive qualifying periods in the unemployment insurance and claims in the pension insurance from the 3rd birthday if you work part-time during the parental leave subject to social insurance.
If you take the 2nd period of parental leave after your child's 3rd birthday, you do not need your employer's approval after registration.
If you want to divide the parental leave into 3 or more periods and the 3rd period is to start only after your child's 3rd birthday, you need your employer's approval. Your employer may refuse the 3rd period for urgent operational reasons.
- If you wish to take parental leave between the 3rd and 8th year of your child's life, you must not have used up the total parental leave to which you are entitled by then.
- Your employer will not refuse to register the third period of parental leave from the child's 3rd birthday.
You can register parental leave after your child's 3rd birthday in writing with your employer:
- You inform your employer in an informal letter with signature when you would like to take parental leave.
- It is not possible to register by telephone or e-mail.
- You can have your employer confirm the following:
- That you have registered for parental leave,
- the period of parental leave, and
- the date on which you registered for parental leave.
If it is the 3rd period of your parental leave, your employer may refuse the registration for operational reasons.
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):
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- You register your parental leave in writing with your employer.
- 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.
You must register parental leave in the period from your child's 3rd birthday to the day before his or her 8th birthday no later than 13 weeks before the start of this parental leave.
In urgent, exceptional cases, shorter deadlines may apply. This may be the case, for example, if adoption care could not be planned in time. In such cases, you should notify your employer of the parental leave as early as possible. The deadline depends on the circumstances of the individual case. The employer does not have to insist on the application deadline and may accept a shorter deadline.
Your employer may refuse to register the 3rd period of parental leave from your child's 3rd birthday for urgent operational reasons. This must happen within 8 weeks after your application for parental leave has been received.
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.
- Parental leave transfer
- Persons entitled to parental leave may take up to 3 years of parental leave per child
- Parental leave can be divided into several periods
- for births since 01.07.2015 applies: a maximum of 24 months of parental leave not taken in the first 3 years of the child's life can be claimed between the child's 3rd birthday and the completion of the child's 8th year of life
- Parental leave after the child's 3rd birthday must be registered with the employer 13 weeks before the planned start date.
- Registration must be made in writing with signature
- Registration by telephone or e-mail is not possible
- 2. period of parental leave cannot be refused
- for urgent operational reasons, 3rd period of parental leave can be refused from the child's 3rd birthday onwards
- Refusal must be made within 8 weeks
- Parental leave from the 3rd birthday only contributes to the qualifying period for unemployment insurance if work is subject to social insurance contributions
- responsible: Supervisory authorities in the district governments