Parental Leave in Germany (Elternzeit) – Definition, Entitlement & Employer Obligations

Elternzeit (parental leave) is a statutory entitlement that allows employees in Germany to take up to three years of unpaid leave after the birth of a child – governed by the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz, BEEG). Both parents can take parental leave independently of each other or simultaneously. HR professionals need to be familiar with notice periods, protection against dismissal, and return-to-work rights in order to avoid legal pitfalls.

What is Elternzeit (Parental Leave)?

Elternzeit refers to the statutory entitlement of employees to temporarily step away from work following the birth or adoption of a child, without losing their job. The legal basis is set out in §§ 15 to 21 of the Federal Parental Allowance and Parental Leave Act (BEEG).

An important distinction for HR professionals: Elternzeit and Elterngeld are two separate things. Elternzeit governs the leave of absence from employment. Elterngeld is a separate state benefit that partially compensates for loss of income during this period and is applied for at the relevant Elterngeld office. Taking parental leave is not a prerequisite for receiving Elterngeld – and vice versa.

Parental leave must also be distinguished from Mutterschutz (maternity protection): Mutterschutz applies automatically from six weeks before until eight weeks after the birth and is compulsory for the mother. Parental leave begins after this period and is voluntary.

Who is Entitled to Parental Leave?

Eligibility at a Glance

Under § 15 para. 1 BEEG, employees are entitled to parental leave if they:

• live in the same household as the child,
• personally care for and raise the child, and
• work no more than 32 hours per week (since 1 September 2021; previously 30 hours).

The entitlement applies to all employees – regardless of whether they work full-time, part-time or on a marginal employment basis (Minijob), and regardless of whether they have a fixed-term or permanent contract. Apprentices, homeworkers and employees on probation are also entitled.

No entitlement exists for self-employed individuals, civil servants (Beamte) or persons engaged exclusively in household work (these groups often have comparable provisions under separate rules).

Parental Leave for Both Parents

Both parents can take parental leave – independently of each other, consecutively or simultaneously. It makes no difference whether they are employed by the same or different employers. Adoptive and foster parents are also included, provided the other requirements are met.

How Long Does Parental Leave Last?

Duration and Division

Under § 15 para. 2 BEEG, parental leave amounts to a total of up to three years per child. It can generally be taken until the child's third birthday. The three years can be divided between both parents – each parent has their own independent entitlement.

Parental leave does not have to be taken in one continuous block. It can be split into up to three separate periods. Alternating between parents is also possible.

Transferring Leave to the Period Between Ages 3 and 8

Up to 24 months of parental leave can be transferred to the period between the child's third and eighth birthday. However, this transfer requires the employer's consent under § 15 para. 2 BEEG. HR professionals should keep this in mind: consent may be refused on operational grounds, but must be given in writing and with reasons within four weeks of the request.

Applying for Parental Leave: Notice Periods and Formalities

Notice Periods at a Glance

The notice must be given in writing to the employer and must set out the specific periods for which parental leave is to be taken – already covering the first two years following the birth at the time of the initial notice.

Important: Parental leave does not require the employer's consent. It is simply notified – not applied for. This is a common misconception in HR practice.

What Must the Notice Include?

• Start and end of the parental leave (exact periods)
• Scope of the intended parental leave for the next two years
• If part-time work is desired: the desired number of hours and their distribution

Employer Obligations and Rights

Protection Against Dismissal During Parental Leave

During parental leave, employees benefit from special protection against dismissal under § 18 BEEG. Dismissal by the employer is generally prohibited during this period. Protection begins eight weeks before the notified start of parental leave.

Exceptions are only possible in absolute exceptional cases – such as insolvency or complete closure of the business – and require the express approval of the competent authority (in most German federal states, the trade supervisory authority or occupational health and safety authority).

HR note: A dismissal without this official approval is void and may give rise to claims for damages.

Part-Time Work During Parental Leave

Employees on parental leave have the right under § 15 para. 4 BEEG to work part-time for up to 32 hours per week (since September 2021) during their leave. This right also applies vis-à-vis the current employer, provided that:

• the company employs more than 15 employees,
• the employment relationship has lasted more than six months,
• the desired part-time arrangement spans at least two months, and
• there are no urgent operational reasons to the contrary.

The request must be submitted in writing to the employer at least seven weeks before the desired start of part-time work. If the employer refuses, they must communicate this in writing with reasons within four weeks. For part-time work with a different employer or as self-employed activity, the consent of the current employer is required.

Return to Work After Parental Leave

After the end of parental leave, employees are entitled under § 15 para. 5 BEEG to an equivalent position. This means the role must carry the same remuneration and comparable requirements. A return to a lower position or on worse terms is not permissible.

For HR, structured return-to-work management is advisable: a conversation before the return, an induction phase where applicable, and guidance on any training opportunities missed during parental leave. Well-designed onboarding after parental leave reduces staff turnover and strengthens employee retention.

Common Mistakes Around Parental Leave – What HR Should Avoid

The same pitfalls come up repeatedly in HR practice. These are the ones to watch out for:

1. Dismissal shortly before parental leave begins: Protection against dismissal kicks in eight weeks before the notified start. A dismissal within this window without official approval is void.

2. Refusing a part-time request without giving reasons: The law provides a four-week window for a response. Failing to respond or refusing without reasons risks the part-time request being deemed approved.

3. Returning the employee to a worse position: Returning an employee to a role with lower remuneration or reduced qualification requirements is unlawful and can have employment law consequences.

4. Confusing notice periods: A 7-week notice period applies to parental leave taken before the child's third birthday; a 13-week period applies to parental leave starting from the third birthday. Mixing these up is one of the most frequent mistakes in practice.

5. Treating parental leave as subject to approval: Parental leave is notified, not requested. The employer cannot legally refuse it.

Frequently Asked Questions About Parental Leave

How long can parental leave be taken?

Employees are entitled to up to three years of parental leave per child (§ 15 para. 2 BEEG). Leave generally runs until the child's third birthday. Up to 24 months can, with the employer's consent, be transferred to the period between the child's third and eighth year of life. Parental leave can be divided into up to three separate periods.

When does parental leave need to be notified?

Notice of parental leave must be given in writing to the employer at least seven weeks before the desired start. For leave beginning after the child's third birthday, a notice period of at least 13 weeks applies. These deadlines are binding – late notice may result in the leave only starting at the next possible date.

Can both parents take parental leave at the same time?

Yes. Both parents can take parental leave simultaneously – independently of each other. They may also both work part-time for their respective employers at the same time. There is no provision that excludes this.

Can an employee be dismissed during parental leave?

No. The special protection against dismissal under § 18 BEEG prohibits the employer from issuing ordinary or extraordinary notice of termination during parental leave. Protection begins eight weeks before the notified start. Any dismissal without an official exceptional approval is invalid.

Is it permitted to work during parental leave?

Yes. Employees may work up to 32 hours per week during parental leave (§ 15 para. 4 BEEG). This also applies with the current employer. For work with another employer or as self-employed activity, the consent of the current employer is required.

What happens after parental leave – is there a right to the same job?

Employees are entitled after parental leave to an equivalent position (§ 15 para. 5 BEEG) – meaning comparable remuneration and qualification requirements. There is no entitlement to the exact same role. However, a demotion is not permissible.

Can the employer refuse to allow parental leave to be transferred to the period between ages 3 and 8?

Yes, this is possible. Transferring up to 24 months to the period between the child's third and eighth birthday requires the employer's consent under § 15 para. 2 BEEG. Any refusal must be communicated in writing with reasons within four weeks.

Conclusion

Parental leave is a strong employee right that HR professionals must handle in a legally sound manner. The key points in summary: the entitlement covers up to three years, notice periods are binding (7 or 13 weeks respectively), the employer's consent is not required, and protection against dismissal begins eight weeks before the start. Common mistakes such as incorrect notice periods, unlawful refusals of part-time requests or demotions on return can have legal and financial consequences.

A family-friendly approach to parental leave pays dividends: companies that provide structured support during parental leave and enable a smooth return to work strengthen their attractiveness as employers – a factor that should not be underestimated when it comes to employer branding.

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Sources

• Federal Parental Allowance and Parental Leave Act (BEEG), §§ 15–21. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/beeg/
• Parental Leave and Parental Allowance – Information Portal. Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), 2024. https://www.bmfsfj.de/bmfsfj/themen/familie/elterngeld-und-elternzeit
• Information Sheet on Parental Allowance and Parental Leave. Federal Employment Agency (Bundesagentur für Arbeit), 2024. https://www.arbeitsagentur.de/familie-und-kinder/elterngeld-elternzeit
• Statistics on Parental Allowance. Federal Statistical Office (Destatis), 2023. https://www.destatis.de/DE/Themen/Gesellschaft-Umwelt/Soziales/Elterngeld/