Parental leave

Parental leave offers mothers and fathers the opportunity to take unpaid time off work to look after their child. Parental leave and parental allowance are therefore not the same thing. However, it is often practical to combine them. You can find more information on why exactly 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. We also show you what you need to bear in mind when applying for parental leave.

Who is entitled to parental leave?

Fathers and mothers who are in employment can take parental leave in accordance with the Federal Parental Allowance and Parental Leave Act (BEEG).

Parental leave lasts for a maximum of three years. Each parent has a separate entitlement to this time per child. Custodial biological parents, adoptive parents or full-time foster parents can apply for parental leave. It is also possible to take parental leave for children of a spouse or registered partner.

Grandparents and other relatives up to the third degree are entitled to take parental leave under very strict conditions: They must look after the child in their own household because the parents are unable to do so - e.g. due to a serious illness. Non-custodial persons who wish to take parental leave require the consent of the custodial parent.

You can take a total of three years of parental leave. In the case of the mother, these three years are reduced by the maternity protection period after the birth.

Parental leave can begin at the earliest with the birth of the child or, in the case of the mother, after the maternity protection period. Parents are free to choose the start and end of their parental leave within the first three years of the child's life, but must make a binding commitment for the next two years when they register 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 can divide their parental leave into a maximum of three periods. If they are directly adjacent to each other, they count as one period. If the third period is to be between the child's third and eighth birthday, the employer can object to the use of this period under strict conditions.

What needs to be considered when registering for parental leave?

If parental leave is to be taken in the first three years of the child's life, the written declaration of parental leave must be submitted to the employer at least 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 of parental leave must be submitted to the employer no later than 13 weeks before the start of this parental leave period.

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

Experts advise documenting receipt of the declaration by the employer. Employees can, for example, obtain a receipt or send the declaration by registered letter with acknowledgement of receipt.

Fathers and mothers can work a maximum of 30 hours a week during their parental leave (32 hours for children born from September 1, 2021). Parents who were already working this amount before taking parental leave can continue working without the employer's consent.

Employees who wish to reduce their working hours can claim the right to work part-time between 15 and 30 hours per week (for children born from September 1, 2021: 32 hours) if they have already been working for the company for more than six months without interruption and the company generally has more than 15 employees (excluding trainees).

The 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 date if it is to be taken during the first three years of the child's life. If part of the parental leave is to be transferred to the fourth to eighth year of the child's life and part-time employment is desired during this period, the part-time employment must be applied for 13 weeks in advance. The letter must contain information on the start, duration and scope of the part-time work and should specify the desired distribution of working hours.

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

The employer can only reject applications to reduce or change the scope of work with reference to urgent operational reasons. The deadline for re-registration is four weeks or eight weeks in the case of part-time work during transferred parental leave in the fourth to eighth year of the child's life. If no rejection is received within these deadlines, the working hours are reduced or distributed according to the employee's request.

Once both parties have agreed to part-time employment during parental leave, the employee can only end it with the employer's consent. This applies until the end of parental leave.