Parental leave

Parental leave offers mothers and fathers the opportunity to take an unpaid break from working life to care for their child. Parental leave and parental allowance are therefore not the same thing. However, it is often practical to combine them. You can find out exactly why here: Who can take parental leave and what does it mean to be on parental leave? You can find answers to these and other important questions about parental leave here. In addition, we show you what you need to pay attention to when you register parental leave.

Who is entitled to parental leave?

Fathers and mothers who are in an employment relationship can claim parental leave under the Federal Parental Allowance and Parental Leave Act (BEEG).

Parental leave is for a maximum of three years. Each parent has a separate claim to this time per child. Parental leave can request custodial birth parents, adoptive or full-time foster parents. It is also possible to take parental leave for children of the spouse or registered partner.

Grandparents and other relatives up to the third degree are entitled to take parental leave under very narrow conditions: They must care for the child in their own household because the parents - e.g. because of a serious illness - are not able to do so. Non-custodial persons who wish to take parental leave require the consent of the custodial parent.

Parental leave is limited to a maximum of three years - until the child reaches the age of three.

It can begin at the earliest with the birth of the child or, in the case of the mother, following the maternity leave period. Parents are free to choose the start and end of their parental leave within the three-year period, but must commit to the next two years by registering with their employer.

It is possible to transfer up to 24 months of parental leave to the period between the child's third and eighth birthday. The employer's consent is not required.

Each person entitled to parental leave may divide his or her parental leave into a maximum of three periods. If they border directly on each other, they are considered as one period. If the third period is to be between the child's third and eighth birthday, the employer may object to the use of this period under narrow conditions.

What must be observed when registering parental leave?

If parental leave is to be taken during the first three years of the child's life, the written declaration of parental leave must be received by the employer no later than seven weeks before the start of parental leave.

If part of the parental leave is to be postponed to the fourth to eighth year of the child's life, the written declaration on parental leave must be received by the employer no later than 13 weeks before the start of this period of parental leave.

If the deadline is not met, the start of parental leave is postponed accordingly. Exceptions are possible if the person entitled to parental leave can cite urgent reasons that prevented timely notification.

Experts advise documenting the receipt of the declaration by the employer. Employees can, for example, have receipt acknowledged or send the declaration by registered mail with return receipt.

Fathers and mothers can work a maximum of 30 hours a week (32 hours for children born on or after September 01, 2021) during their parental leave. Parents who were already working to this extent before taking parental leave can continue working without the employer's or employer's consent.

Employees who wish to reduce their working hours can claim a right to work part-time for between 15 and 30 hours per week (32 hours for children born on or after September 01, 2021) if they have already been working for the company without interruption for more than six months and the company generally has more than 15 employees (excluding trainees).

Part-time employment must be applied for in writing for a period of at least two months. It must be applied for seven weeks before its planned start if it is to be exercised in the first three years of the child's life. If part of the parental leave is to be carried over into the fourth through eighth years of the child's life and part-time employment is desired during this period, the part-time employment must be requested 13 weeks in advance. The letter must contain information on the start, duration and scope of the part-time activities and should address the desired distribution of working hours.

Employees who have already reduced their number of hours with parental leave have the right to reduce their working hours once again during parental leave.

The employer may only reject applications for a reduction or change in the scope of work with reference to urgent operational reasons. The deadline for re-registration is four weeks, or eight weeks if it concerns part-time work during transferred parental leave in the fourth to eighth year of the child's life. If no written rejection is received within these deadlines, the working hours will be reduced or distributed in accordance with the employee's request.