Definition - What is parental leave?
Anyone thinking about starting a family will sooner or later come across the topic of parental leave. Parents can take this leave to devote themselves to the care and upbringing of their child after the birth or adoption of a child.
Parents do not have to work during parental leave, but the employment relationship remains in place during this time. Parents also enjoy special protection against dismissal. This allows parents to look after their children without financial worries or fear of losing their job.
After parental leave, parents are entitled to return to work. Employers must then ensure that they employ the returning parents in accordance with the agreement made in the employment contract.
Who is entitled to parental leave?
In principle, all parents who are employed in Germany are entitled to parental leave. The duration of the employment relationship or the type of employment contract - temporary or permanent - is irrelevant. Part-time employees, marginally employed persons, trainees as well as students and pupils working part-time can also take parental leave.
The entitlement to parental leave does not only apply to biological parents: Anyone who adopts or fosters a child can also take parental leave to raise it. The entitlement then begins when the child is adopted.
The following conditions apply to the entitlement to parental leave:
- Residence in Germany: Only those who live in Germany or have their habitual residence there can apply for parental leave.
- Shared household management: If you want to take parental leave, you must live with the child in the same household and look after and bring up the child yourself.
- Timely application: Parental leave must be applied for with the employer in good time - at least seven weeks before the start of the planned parental leave.
Parents who are self-employed or unemployed are not entitled to parental leave. However, they can receive parental allowance under certain conditions.
How long does parental leave last?
Each parent can take up to three years of parental leave per child - until the child reaches the age of eight.
Parents can divide their entire parental leave into three periods. If the employer agrees, it is also possible to divide the leave into more than three periods.
Mothers and fathers can transfer up to 24 months of parental leave to the period between the child's third birthday and the age of eight. The employer's consent is not required. This regulation allows parents to take part of their parental leave later, for example to support their child when they start school.
If the third period of parental leave is exclusively between the third birthday and the child's eighth birthday, employers can refuse this third period - but only for urgent operational reasons.
Registration deadlines for parental leave
When registering for parental leave, parents must adhere to certain deadlines, which vary depending on the age of the child.
Parental leave until the child's third birthday:
- Mothers or fathers must register their parental leave with their employer in writing at least seven weeks before the planned start date.
- Example: If a parent wishes to take parental leave from January 1, the application must be received by the employer by November 12 of the previous year at the latest.
Parental leave between the child's third and eighth birthday:
- Anyone wishing to transfer parental leave to the period after the child's third birthday must notify their employer in writing at least 13 weeks before the planned start of parental leave.
- Example: If parental leave is to begin on January 1, the application must be received by the employer by October 1 of the previous year at the latest.
Applying for parental leave - here's how
Anyone wishing to take parental leave must inform their employer in writing.
Use the following steps to register your parental leave correctly:
- Submit the application for parental leave in writing to your employer. A verbal notification or email is not sufficient.
- Please note the deadlines for registering parental leave.
- The application for parental leave must contain the following content:
- Name and address of the recipient
- Name and address of the sender
- Place and date
- Expected date of birth of the child / name and date of birth of the child
- Parental leave period: Specify exactly when your parental leave should start and end. Here you can also specify whether you would like to take parental leave in several stages.
- Declaration that you will look after and raise your child yourself.
- Please confirm receipt of the application.
- Signature
The employer must confirm receipt of the notification in writing. An extension of the period is possible without any problems after notification, a shortening or withdrawal from parental leave is only possible with the consent of the employer.
Parental leave application - template
You don't have to reinvent the wheel - use our text template for a correct parental leave notification instead:
Parental leave notification
Dear Ms. / Dear Mr. ________,
I would like to inform you about my planned parental leave.
The expected date of birth of my child is __ __ ___. / My child ______________ was born on __ __ ____.
The parental leave should last from __ __ ____ to __ __ ____.
I confirm that my child lives with me in the same household and is cared for and brought up by myself
Please confirm receipt of this letter in writing.
Yours sincerely
Signature
Salary during parental leave
During parental leave, parents do not receive a salary from their employer. However, they can apply for parental allowance as financial support from the state.
The parental allowance amounts to at least 65% of the average monthly net income of the last twelve months before the birth of the childbut a maximum of 1,800 euros. There are various options and models, such as parental allowance plus and partnership bonus, which make it possible to adapt the financial support to individual needs.
Part-time parental leave
It is possible to work part-time during parental leave. Up to 30 hours per week are legally possible. Parents can agree to work part-time for the entire duration of parental leave or for a specific period during parental leave.
The application for part-time work must be made in writing and should be received by the employer at least seven weeks before the planned start of part-time work, and the special protection against dismissal remains in place even during part-time work on parental leave.
Small companies with fewer than 15 employees are not entitled to part-time parental leave. Here, employers can reject the application.