Parental leave - application, length, deadlines

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.

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Health, long-term care and pension insurance during parental leave

Parents remain comprehensively insured during parental leave. Insurance cover under statutory health and long-term care insurance remains in place. The contributions are usually paid by the state.

Parental leave is taken into account for pension insurance purposes so that there are no disadvantages for your later pension. Pension insurance contributions are paid by the state for the duration of parental leave (up to three years).

Privately insured persons must continue to pay their premiums, but should check their insurance conditions. It is advisable to find out about the individual insurance conditions at an early stage and make any necessary adjustments.

Termination during parental leave

There is special protection against dismissal during parental leave. This ensures that parents cannot be dismissed without further ado. The special protection against dismissal begins as soon as parents register their parental leave, but at the earliest one week before the registration deadline.

For parental leave until the child's third birthday:

Protection against dismissal begins at the earliest eight weeks before the start of parental leave.

For parental leave between the child's third and eighth birthday:

Protection against dismissal begins at the earliest 14 weeks before the start of parental leave.

After parental leave, the special protection against dismissal no longer applies. If parents divide their parental leave into several periods, the special protection against dismissal does not apply between these periods.

The special protection against dismissal also applies to parents who work part-time during their parental leave.

In the following cases, employers can also give notice to parents during parental leave:

• In the event of insolvency
• In the event of a partial shutdown of operations
• In small businesses, if operations cannot be maintained without a replacement
• In the event of serious misconduct that makes a continuation of the employment relationship unreasonable.

Employers must obtain the approval of the competent state authority before giving notice of termination. Without this approval, the dismissal is invalid.

Employees themselves can also terminate their employment during parental leave. The usual notice periods apply here. Anyone wishing to resign at the end of parental leave must give three months' notice.

Vacation entitlement during parental leave

During parental leave, the leave entitlement under the employment contract generally remains in place. However, employers have the right to reduce the leave entitlement by one twelfth for each full month of parental leave.

Example: Anna has a child and takes a full calendar year of parental leave. Her employer can completely reduce her leave entitlement for this year.

If parents have not taken all of their leave before the start of par ental leave, the remaining leave is retained. The remaining leave can be taken after parental leave. Employers must grant it in the current or the following calendar year.

If parents work part-time during parental leave, they are entitled to pro rata leave based on the agreed part-time work.

Reduction of leave entitlement during parental leave - template

There is no legal obligation for the notification of the reduction in leave entitlement to be made in a specific form or at a specific time. Nevertheless, employers should provide written notification of the reduction in leave entitlement during parental leave in good time. This ensures clarity and transparency and creates legal certainty.

You are on the safe side with the following text template:

Subject: Notification regarding the reduction of leave entitlement during parental leave

Dear Mrs/Mr_______

In connection with your parental leave from [start of parental leave] to [end of parental leave], we would like to inform you that your leave entitlement will be reduced by one twelfth for each full month of parental leave in accordance with § 17 of the Federal Parental Allowance and Parental Leave Act (BEEG).

As you are on parental leave for [number of months] months, your annual leave entitlement for the year [year] will be reduced accordingly by [number of reduced leave days] leave days. Your remaining leave entitlement for the year [year] is therefore [remaining number of leave days] leave days.

If you have any remaining leave from the period before your parental leave, this will of course remain and can be taken after your parental leave.

If you have any further questions or uncertainties, please do not hesitate to contact us.

Yours sincerely,

[Name of contact person]

[Position]

[Contact information]

Extend parental leave

How much parental leave new parents actually need to get used to the new situation varies. The parental leave system is therefore flexible. It is possible to take a few months of parental leave at the beginning and then extend it from the time off. Mothers or fathers should inform their employers of this at an early stage so that they can plan ahead. They do not have to submit a new application.

Shorten parental leave

While parents can easily extend their parental leave, shortening it is not quite as easy. This is only possible with the employer's consent. Employers are not obliged to agree to the reduction. Good communication and an early request are therefore important.

The application to shorten parental leave should also be made in writing. In it, parents should clearly state the desired end date of parental leave and explain the reasons for the reduction.

In the following cases, parental leave can be shortened without the employer's consent:

• Mothers who become pregnant again during their parental leave can end their parental leave early in order to go on maternity leave. In this case, mothers do not need the employer's consent - but mothers should inform the employer in good time.
• Fathers can also apply for early termination of parental leave if another child is expected. Employers can only reject the application in writing within four weeks and only for urgent operational reasons.
• In cases of particular hardship, parents can also apply for early termination of parental leave. A case of hardship can result from a serious illness, a disability or the death of a parent or child, for example. It is also possible to shorten parental leave if parental leave jeopardizes your financial existence. In these cases too, employers can only reject the application in writing within four weeks and only for urgent operational reasons.

Parental leave for fathers - still a rarity

Parental leave is available to both mothers and fathers. Both parents can take three years of parental leave per child. However, very few make use of this:

In 2021, 45% of working mothers with children under the age of three were on parental leave. In contrast, only around three percent of fathers were in employment (source: statista). The burden of care work is still strikingly unevenly distributed.

Both children and fathers benefit from longer parental leave for men. According to the Organization for Economic Cooperation and Development (OECD), fathers become more involved in the family in the long term if they spend time with their children from the very beginning. This in turn has a positive effect on the child's cognitive and emotional development.

Companies can create incentives for fathers to take parental leave through the following points:

• Flexible working models: Flexible working hours and the option to work from home can make it easier for fathers to take parental leave. Part-time models and flexitime arrangements are also helpful.
• Role model function of managers: When managers and male colleagues in senior positions take parental leave, this sends out a strong signal and encourages other fathers to do the same.
• Corporate communication: Companies should actively communicate that they support and encourage parental leave for fathers. Positive stories and testimonials from fathers who have taken parental leave can be shared in internal communications or on the company website.
• Promoting a family-friendly culture: A corporate culture that actively promotes the compatibility of work and family is crucial. This includes the acceptance and support of parental leave for both mothers and fathers.
• Anti-discrimination: Measures to prevent discrimination or disadvantages for employees who take parental leave should be established. This also includes ensuring that career opportunities are not impaired by taking parental leave.

Conclusion

Parental leave is available to all parents who are employed in Germany and who care for and raise their children themselves. Each parent can take three years of parental leave per child and divide this into up to three periods. Parents remain fully insured during parental leave. The contributions are usually paid by the state. Parents also enjoy special protection against dismissal during parental leave. Only in rare exceptions can employers dismiss employees on parental leave.

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