Elternzeit in Germany: Who Is Entitled to Parental Leave and How to Apply

Elternzeit is parental leave for working parents in Germany. It gives them the opportunity to temporarily stop working completely or reduce their hours in order to care for a child, while the employment contract remains in place. The leave itself is not paid by the employer, but you can separately apply for parental allowance (Elterngeld).

Below is what is important to know about deadlines, the application to the employer, working during leave, and protection against dismissal.

In short

Each parent can take up to 3 years of Elternzeit for each child.
The leave can be used entirely before the child’s 3rd birthday or part of it can be moved to the period from age 3 to 8.
During parental leave, part-time work of up to 32 hours per week on average over a month is allowed.
The application to the employer must be submitted in advance: usually at least 7 weeks ahead, and for a period after the child’s 3rd birthday at least 13 weeks ahead.
Elternzeit and Elterngeld are different things: the leave is arranged with the employer, the benefit through the Elterngeldstelle.

What Elternzeit is

Parental leave in Germany is an unpaid period away from work to care for a child. It can be taken by the mother, the father, or both parents if they meet the legal requirements. Parents decide for themselves who goes on leave and when: at the same time, one after the other, fully, or with part-time work.

For the mother, the period of maternity leave after the birth of the child counts toward the overall three-year period. So if the mother goes on Elternzeit immediately after Mutterschutz, together these periods usually cover the time until the day before the child’s 3rd birthday.

Who can take parental leave

The right to Elternzeit exists for employees if the child lives with them in one household and they personally care for the child. The form of employment can vary: full-time, part-time, Minijob, a fixed-term contract, or training under an employment contract.

Parental leave is possible to care for:

a biological child;
the child of a spouse or partner;
an adopted child or a child being taken in for adoption;
a foster child;
a grandson or granddaughter in certain family situations.

If this is not a standard “parent and child” situation, it is better to clarify the right to leave in advance with the employer, Familienkasse, Elterngeldstelle, or a specialist advice center, because the details depend on family status and documents.

Who cannot take Elternzeit

Elternzeit is tied to an employment relationship. That is why it cannot be taken as ordinary parental leave if a person is not an employee, for example if they are fully self-employed, unemployed, or studying without an employment contract. Such people may still have other rights to family benefits or social support, but that is not leave from an employer.

How long Elternzeit lasts

Each parent can take up to 3 years of parental leave for each child. It is not necessary to use the whole period at once: you can choose several months, one year, two years, or another period within the rules.

In 2026, for children born on or after July 1, 2015, the general rule is that up to 24 months of the three-year period can be taken between the child’s 3rd birthday and the day before the 8th birthday. The employer’s consent for moving those months is usually not required, but the notice period must be observed.

For children born before July 1, 2015, the transfer rules are different: usually the period after the 3rd birthday was limited to 12 months and depended on the employer’s consent. These cases are less common now, but for older children they should still be checked separately.

How to split Elternzeit into periods

Parental leave can be divided into parts. Under the current rules, each parent can use up to 3 periods of Elternzeit. More periods are possible only with the employer’s consent.

There is one important nuance: if the third period falls entirely between the child’s 3rd and 8th birthdays, the employer may reject it for urgent operational reasons. The refusal must be issued within the legally required time limit.

When applying for Elternzeit before the child’s 3rd birthday, the parent usually has to state how they plan to use the leave during the next two years. This period is called the Bindungszeitraum: changing it later without the employer’s consent can be difficult.

When and how to submit the application to the employer

The application for Elternzeit is submitted to the employer in written form. It usually states:

the employee’s and employer’s details;
the child’s name and date of birth, if already known;
the exact start and end dates of the leave;
the planned part-time work, if you want to work during the leave;
a request for written confirmation that the application was received.

The notice periods depend on the child’s age:

Period of Elternzeit	When to notify the employer
Before the child’s 3rd birthday	at least 7 weeks before the start
Between the 3rd and 8th birthdays	at least 13 weeks before the start

To prove that the application was submitted on time, it is better to use a method that confirms receipt: personal delivery with a note on a copy, registered mail, or another reliable option accepted by your employer.

Can you work during Elternzeit

Yes, during parental leave you can work part-time. The limit is no more than 32 hours per week on average over a month. This can be work for the current employer, for another employer, or self-employment, but outside work usually requires the consent of the main employer.

If you were already working part-time before the child was born, you can continue working in a suitable amount. If you previously had a full-time position, you can request reduced hours. In companies with enough employees and if the legal conditions are met, workers may have a right to Teilzeit, but the specific deadlines and grounds are best checked in the employment contract and the current version of the law.

How Elternzeit differs from Elterngeld

Elternzeit is the labor-law right to leave from the employer. Elterngeld is a state benefit that partially compensates for lost income after the birth of a child. They are often arranged together, but they are different procedures.

It is important to coordinate the calendar in advance: Elterngeld months are counted by the child’s months of life, while Elternzeit can be stated using calendar dates. If these periods are not aligned well, the family may lose part of the expected payment or end up with an inconvenient gap in income.

Read also: Parental Allowance in Germany.

Protection against dismissal during Elternzeit

After the application for Elternzeit has been submitted, special protection against dismissal begins. For leave before the child’s 3rd birthday, it starts no earlier than 8 weeks before the leave begins. For leave between the child’s 3rd and 8th birthdays, it starts no earlier than 14 weeks before the leave begins.

During Elternzeit, the employer generally cannot dismiss the employee. Exceptions are possible only in special cases and require permission from the competent state authority responsible for occupational safety and protection against dismissal.

If the employee wants to resign at the end of parental leave, a special notice period of 3 months applies to that resignation. If termination is needed at another time, the ordinary rules of the employment contract or the law apply.

What to check before submitting the application

Before sending the application to the employer, it is worth going through a short checklist:

How many months of Elternzeit you want to take now and how many you want to keep for later.
How the other parent’s leave will fit together with your schedule.
Whether the Elterngeld months match the leave plan and your income plan.
Whether you want to work during the leave and for how many hours.
Whether an important period falls during a probation period, a fixed-term contract, or internal employer deadlines.
Whether you have proof that the application was submitted on time.

Common mistakes

The most common mistake is confusing the application for Elternzeit with the application for Elterngeld. The employer does not grant the benefit, and the Elterngeldstelle does not arrange leave with the employer.

The second mistake is using vague wording in the application, such as “for a year after the birth.” The employer needs exact dates. If the child has not yet been born, you can state the expected timeframe and then clarify the dates after the birth.

The third mistake is forgetting about the Bindungszeitraum. If before the child’s 3rd birthday you declared only part of the leave, later changes within the two-year period may require the employer’s consent.

FAQ

Can both parents take Elternzeit at the same time?

Yes. Each parent has their own right to parental leave. Parents can take it at the same time or one after the other.

Does the employer pay for Elternzeit?

No. Elternzeit itself is unpaid. For financial support, families separately apply for Elterngeld or ElterngeldPlus if they meet the conditions.

Do you need to live in Germany to be entitled to Elternzeit?

What matters most is an employment relationship governed by German rules and actual care for the child in one household. In non-standard situations, for example with a German employment contract and residence abroad, it is better to get individual confirmation from the employer or a labor lawyer.

Can you return to the same position?

After Elternzeit, the employment contract continues to apply, but the specific workplace and tasks may depend on the contract, the role, and how work is organized by the employer. It is important to agree in writing in advance on the return date and, if needed, the new schedule.

Conclusion

Elternzeit in Germany gives parents a flexible way to divide childcare and work during the first years of a child’s life. The main thing is not to confuse the leave with the benefit, to think through the calendar in advance, to submit the application on time, and to keep confirmation from the employer. If the situation is not standard, for example a fixed-term contract, outside work, a dispute with the employer, or moving leave after the child’s 3rd birthday, it is better to check the plan against official sources or specialist advice.