Applying for parental leave: rights, deadlines and protection against dismissal

Parental leave—formerly known as childcare leave—gives you the opportunity to fully focus on your family and raising your child during the early years. It protects you from dismissal and also secures your return to work. Our guide explains how to correctly apply for parental leave, what deadlines apply, and what labor law regulations must be observed during and after parental leave.

Parental leave: entitlement, requirements and legal regulations

What does parental leave mean?
Parental leave allows working mothers and fathers to take temporary leave from work to care for their child. During this time, the employment relationship is suspended but formally remains in effect. After the end of parental leave, employees have the right to return to their job or to be employed in a comparable position.

Who is entitled to parental leave?
Not everyone can take parental leave at will – certain requirements must be met. These are:

• Existing employment relationship: You are employed – regardless of whether it is full-time, part-time or temporary.
• Shared household: You live with the child in one household.
• Personal support: You take care of your child’s upbringing and care yourself.
• Working hours during parental leave: During parental leave, weekly working hours may not exceed 30 hours

Returning after parental leave: Your right to an equivalent job

Am I entitled to my old job?
There is no legal entitlement to the exact same job as before parental leave. However, you have the right to work in a equivalent job to continue to be employed. This right derives from the employer's right of direction pursuant to Section 106 of the German Trade Regulation Act.

What exactly does “equivalent” mean?
Your employer may assign you to a different position after parental leave – but only within the contractually agreed framework. The new position must essentially correspond to your previous position in terms of tasks, responsibilities, and qualifications, as stipulated in your employment contract.

Examples to clarify:

• Field of activity: An office clerk may not be transferred to field service without consent.
  
• Qualifications and practice: If you have assumed management responsibility for an extended period of time, you should not suddenly be given a significantly less demanding task after parental leave – especially if the management role is part of your employment contract.
  

Good to know:
Whether a transfer is legally permissible always depends on the individual case. Important: The new position must be equivalent in terms of responsibility and qualifications. In the event of an unlawful transfer or termination with a change in terms of employment, you can take legal action.

Part-time work during parental leave – your options and rights

Can I work part-time while on parental leave?
Yes – under certain conditions, this is possible. Ideally, you should first coordinate with your employer and find a solution together.

According to Section 15, Paragraph 5 of the Parental Leave Act (BEEG), you have the option of requesting a reduction in your working hours to up to 32 hours per week during parental leave. You can determine the exact number of hours and their distribution together with your employer.

Legal entitlement to part-time work: When does it exist?
If no agreement is reached, you have a legal right to part-time work during parental leave under certain conditions (Section 15 (7) BEEG):

• Your employer employs more than 15 people (excluding trainees).
• Your employment relationship has existed for at least six months.
• You would like to work between 15 and 32 hours per week – for a period of at least two months.
• There are no urgent operational reasons against part-time work.
  

Application deadlines and formalities

The application must be made in writing and contain the following information:

• Start of part-time work
• Desired weekly working hours
• Distribution of working hours across the days of the week
  

The following deadlines apply:

• Seven weeks earlierif the part-time work takes place within the first three years of the child’s life.
  13 weeks ago, if it concerns parental leave between the ages of three and eight (applies to children born on or after 1 July 2015).
  

Important information about the application

• The right to part-time work during parental leave can at most twice be asserted.
• The employer must submit the application reject in writing within a certain period:
  
  • Four weeks during parental leave until the child’s third birthday.
  • Eight weeks during parental leave from the third to the eighth birthday.
    

What happens if the application is rejected or the deadline is missed?

• If the employer does not respond within the deadline, the application is automatically considered approved.
• If he refuses in time, you have the opportunity to to have it reviewed by a court.

Part-time work after parental leave – your rights and requirements

Is it possible to switch to part-time work after parental leave?
Yes, a change from full-time to part-time is generally possible – however not due to parental leave itself, but on the basis of Part-time and Fixed-Term Employment Act (TzBfG).

When am I entitled to part-time work after parental leave?
According to Section 8 of the TzBfG, the following requirements apply:

• Your employment relationship exists for at least six months.
• Your employer employs more than 15 employees (excluding trainees).
• You submit your application in writing and at least three months before the desired start date.
• The application should also include your ideas on Distribution of working hours be included.
• It is allowed no operational reasons There are reasons against part-time work – such as significant disruption to the workflow or disproportionate costs.
  

Deadlines and important information

• Changes by the employer: A subsequent change to the agreed working time distribution is only possible if operational interests prevailThis change must at least one month in advance be announced.
• Rejection by the employer: This must at least one month before the desired start date in text form.
• No reaction: If the employer reacts not on time, your application is automatically considered assumed.

Termination during parental leave – What you should know

Is there protection against dismissal during parental leave?
Yes, during parental leave you are particularly protected against dismissalsDuring this time, your employer may generally do not terminate.

Are there any exceptions to the protection against dismissal?
In exceptional cases, termination may still be possible – for example:

• Closure of operations
• Serious breaches of duty by the employee
  

But even in such cases the following applies:
The employer termination may only be made with the prior consent of the competent authority express.

When does the special protection against dismissal begin?

• For parental leave before the child’s 3rd birthday:
  Protection begins eight weeks before the start of parental leave.
  
• For parental leave between the ages of 3 and 8:
  Here, protection against dismissal begins at the earliest 14 weeks before the start of parental leave (applies to parental leave after 1 July 2015).

Termination after parental leave – What you should consider

Is it possible to terminate employment immediately after parental leave?
Yes, After the end of parental leave, the special protection against dismissal no longer appliesFrom this point on, the general labor law regulations.

What does that mean specifically?

• The employer may terminate, but requires a legally permissible reason for termination - for example:
  
  • Operational reasons (e.g. job cuts)
  • Personal reasons (e.g. long-term illness)
  • Behavioral reasons (e.g. breaches of duty)
    
• The statutory or contractually agreed notice periods be adhered to.