Parental Leave in Germany

What is Parental Leave?

Parental leave in Germany is an unpaid break from work for mothers and fathers who want to care for and raise their child themselves. Employees can request parental leave from their employer. Parental leave lasts up to 3 years per child. During this time, parents do not have to work and do not receive a salary. As compensation, they can apply for parental allowance. The paternity leave that exists in other countries is covered in Germany by the regulations on parental leave and parental allowance.

Parental leave can be taken before the child’s 3rd birthday. Part of it can also be taken between the child’s 3rd and 8th birthday.

During parental leave, mothers and fathers have special protection against dismissal. After parental leave, in most cases they can return to their previous job.

After the end of parental leave, the same employment conditions apply as before.

Parental leave is regulated by the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Bundeselternzeitgesetz; BEEG).

Requirements for Taking Parental Leave

You can take parental leave if the following conditions are met:

• You are an employee.

• You live with your child in the same household.

• You personally care for and raise your child.

• During parental leave, you either do not work at all or work no more than 30 hours per week.

• Parents whose children are born on or after September 1, 2021, may work up to 32 hours per week.

  
  

Parental Leave is Possible in Any Employment Relationship

You can take parental leave in any type of employment, for example, in part-time jobs, fixed-term contracts, or so-called “mini-jobs.”

If you study and work at the same time, you can also take parental leave, for example if you are in vocational training, retraining, or professional development. Parental leave is available if you work in Germany or if your employment contract is governed by German law. It does not matter if you live in Germany.

For civil servants, judges, and soldiers, there are special forms of parental leave. They are not entitled to the form of parental leave described here.

Each Parent Can Take Parental Leave

Parental leave is available regardless of whether the other parent also takes it. You can take parental leave:

• for your biological child,

• for the biological child of your spouse or registered partner,

• for children for whom you have applied for recognition or determination of paternity, even if the decision is still pending,

• for a foster child in full-time care,

• for your adoptive child, even while the adoption process is ongoing (so-called “child in adoption care”),

• for your grandchild, if one parent of the child is underage or in training started before their 18th birthday. In these cases, grandparents can only take parental leave if both parents of the child do not take it themselves. For births before June 1, 2015, this was only possible during the last two years of the training period,

• in special cases also for your sibling, niece, nephew, grandchild, or great-grandchild. This applies, for example, in cases of serious illness, disability, or death of the parents.

If you do not have custody of the child, you need the consent of the custodial parent in order to take parental leave.

Who is Not Entitled to Parental Leave?

Persons not in an employment relationship are not entitled to parental leave, since they have no employer from whom they can request leave. They also do not need dismissal protection. These groups cannot take parental leave:

• Self-employed individuals,

• Managing directors or self-employed partners of partnerships or corporations,

• Housewives and househusbands,

• Students,

• Pupils,

• Participants in voluntary social year (FSJ), voluntary ecological year (FÖJ), or federal voluntary service (BFD),

• Unemployed persons,

• Volunteers.

  
  

Registration of Parental Leave

When?You do not have to apply for parental leave; you only need to register it with your employer in writing at least 7 weeks before the intended start.

Deadlines:

1. For births on or after July 1, 2015:

   • Parental leave before the child’s 3rd birthday must be registered at least 7 weeks in advance.

   • Parental leave between the child’s 3rd and 8th birthday must be registered at least 13 weeks in advance.

2. For births before July 1, 2015:

   • Parental leave had to be registered at least 7 weeks in advance regardless of the child’s age. In urgent cases, shorter deadlines were possible.

How?Until now, registration required the so-called “written form,” meaning by letter with a signature or personal handover. For births on or after May 1, 2025, registration by email will also be possible. This is called “text form” and also applies to part-time work requests during parental leave. Employers may also use text form to confirm or reject such applications. For rejecting early termination of parental leave, however, employers must still use the written form.

Note: Ask your employer for confirmation of your parental leave registration, as they are required to provide it. The confirmation should state the start and end dates of your parental leave and the date you registered.

Note: Indicate the exact dates (if possible) of when you want parental leave to begin and end.

Notification to Health Insurance – Employer’s Duties

As of January 2024, employers must notify the relevant health insurance fund of the start and end of parental leave. The funds must check:

• whether statutory health insurance membership continues, and

• the contribution amount for voluntarily insured employees.

This obligation does not apply to marginal employees or privately insured employees.

Duration of Parental Leave

Parental leave and maternity protection together last 3 years. If parental leave follows directly after maternity protection, mothers can stay on parental leave until the day before the child’s 3rd birthday. Fathers or mothers without maternity protection can also take leave from the day of birth until this date.

The start and end dates of parental leave are flexible. After the child’s 3rd birthday, only up to 24 months can be taken.

Parental Allowance and Parental Leave

You do not need to apply for parental allowance in order to take parental leave. However, since you do not receive a salary during this period, it may be advisable to apply for parental allowance.

Parental allowance is paid monthly – not by calendar months, but by the child’s life months. If you align your parental leave with your child’s life months, you can better coordinate both and avoid receiving less parental allowance.

Parental Leave and Part-Time Work

During parental leave, you may work up to 32 hours per week on average. This can be arranged by reducing your working hours or continuing your part-time job. With your employer’s consent, you may also work for another employer or be self-employed, but not for more than 32 hours per week.

If no agreement with your employer can be reached, they must justify any rejection of your part-time request within 4 weeks. Employers can only reject such requests in special cases under certain conditions.

Dismissal During Parental Leave

Employers are generally not allowed to dismiss you during parental leave. Only in exceptional cases, such as insolvency, partial closure, or serious misconduct, can dismissal be permitted – and only with approval from supervisory labor authorities.

If dismissed, you can file a lawsuit within 3 weeks.

Vacation During Parental Leave

For every full calendar month of parental leave, your employer may reduce your annual vacation entitlement by one twelfth. Partial months are not counted. Remaining vacation before parental leave can be taken afterward or must be paid out if the employment ends.

Illness During Parental Leave

Illness does not affect the start or end of parental leave. During leave, you have no entitlement to continued salary payments. If you work part-time during parental leave, continued payment is based on the part-time salary.

Insurance During Parental Leave

Health and long-term care insurance:

• Statutory health insurance usually continues as before. If you were compulsorily insured, your membership continues during parental allowance or parental leave, usually without contributions.

• Voluntarily insured members usually must continue paying contributions, unless family insurance applies.

• If you work part-time, contributions are due based on income.

• Private insurance continues with self-paid contributions, including the employer subsidy if previously granted.

Pension insurance:The first 3 years of a child’s life are counted as child-rearing periods, credited by the state as pension contributions (“maternity pension”). This is separate from parental leave. Applications must be submitted to the German Pension Insurance before the child’s 11th birthday.

Accident insurance:Coverage applies only in connection with work or job-related activities.

Early Termination of Parental Leave

Parental leave can usually be ended early only with employer consent. Exceptions include:

• If the mother becomes pregnant again and goes on maternity leave.

• If another child is born during parental leave, early termination can be requested. Employers may only reject for urgent operational reasons within 4 weeks.

• In hardship cases such as illness, disability, death, or financial hardship.