Parental leave in Germany: how to arrange leave to care for a child

Elternzeit is unpaid parental leave that allows an employee to be fully or partially released from work for a time and then return to the same employment contract. In Germany, this right is governed by the BEEG, the law on parental allowance and parental leave. The leave is arranged with the employer, while financial support is usually handled separately through parental allowance Elterngeld.

Who can take Elternzeit

Employees are entitled to Elternzeit if they personally care for the child and live with the child in the same household. An employer cannot exclude this right in advance in an employment contract or replace it with an internal company policy.

Elternzeit is not available only to mothers. A father can take it, both parents can take it at the same time, or they can take turns. In certain cases, other people who actually raise the child may also be entitled to it:

• adoptive parents and legal guardians;
• a stepfather or stepmother;
• the father, if the paternity recognition procedure is still ongoing;
• grandparents, when one of the parents is a minor or started education before reaching adulthood;
• a close relative, if the parents have died, are seriously ill, or cannot care for the child because of a disability.

Separate rules apply to students, participants in Ausbildung, and people in retraining: they may have a right to be released from studies or the practical part, but the exact procedure depends on the educational institution, the contract, and employment status.

How long childcare leave lasts

Each parent can take up to three years of Elternzeit per child. The main part is usually used before the child’s third birthday. Up to 24 months can be transferred to the period after the third birthday and up to the day before the eighth birthday. For children born after July 1, 2015, the employer’s consent is not required for such a transfer if the application deadlines are met.

Elternzeit can be taken in full or in parts. In most cases, the leave is divided into no more than three periods; the third period between the third and eighth birthdays can be refused by the employer only for urgent operational reasons. Additional splitting is possible only by agreement.

Mutterschutz is a separate period, not part of Elternzeit. Under the Mutterschutzgesetz, an expectant mother is usually released from work 6 weeks before the expected birth and does not work for 8 weeks after the child is born. In the case of premature births, multiple births, and some other situations, postpartum protection may last longer. After Mutterschutz, the mother can start Elternzeit.

How to apply to the employer

Elternzeit must be declared to the employer in writing or in another legally permitted form. The application states:

• the start and end dates of Elternzeit;
• the periods into which the leave is divided;
• planned part-time work during Elternzeit, if the parent wants to work reduced hours;
• for the child’s first two years of life, how Elternzeit is allocated, because this period usually becomes binding for both the employee and the employer.

The deadlines depend on the child’s age:

Elternzeit period	Minimum notice period
Before the child’s third birthday	7 weeks before the start
From the child’s third birthday to the day before the eighth birthday	13 weeks before the start

If one period crosses the third birthday, it is better to calculate the deadline using the earlier date: for the part after the third birthday, the application effectively has to be submitted 13 weeks in advance.

Example: the child turns 3 on August 4, and the parent wants to take Elternzeit from July 1 to December 31. The first part belongs to the period before the third birthday, and the second part belongs to the period after it. To avoid missing the deadline for the second part, the application should be submitted no later than 13 weeks before August 4.

When a child is about to be born, the exact start date is not always known in advance. Mothers often submit the application based on the expected due date and the Mutterschutz period. If the child is born early, the situation is usually coordinated separately because it is objectively impossible to meet the normal deadlines.

Can you work during Elternzeit

You can work part-time during Elternzeit. For children born on or after September 1, 2021, the limit is up to 32 hours per week on average over a month. For earlier births, the limit was 30 hours, so older cases should be checked separately.

The right to request part-time work from your current employer usually exists if all of the following conditions are met at the same time:

• the employment relationship has lasted more than 6 months without interruption;
• the company normally employs more than 15 people, not counting Auszubildende and others in vocational training;
• the employee wants to work for at least 2 months;
• the working time is between 15 and 32 hours per week;
• there are no urgent operational reasons for refusal.

The request for part-time work must be submitted within the same deadlines as Elternzeit: 7 weeks before the start of reduced work before the child’s third birthday and 13 weeks for the period after the third birthday. The employer must justify a refusal in text form; for the period before the third birthday, the employer usually has 4 weeks, and for the period after the third birthday, 8 weeks.

Working for another employer or as a self-employed person during Elternzeit is allowed only with the main employer’s consent. The employer can refuse within 4 weeks and only for urgent operational reasons.

Vacation during Elternzeit

Regular annual leave does not disappear automatically. The employer has the right to reduce annual leave by one twelfth for each full calendar month of Elternzeit. If a parent is on Elternzeit for only part of a month, that month usually does not reduce annual leave.

Unused remaining leave that was accrued before Elternzeit is carried over to the period after returning. If the employment relationship ends during Elternzeit or immediately after it, the remaining leave must be compensated in money.

If a parent works part-time for the same employer during Elternzeit, the fact of being on Elternzeit usually does not reduce leave. But if the number of working days per week changes, leave may be recalculated proportionally to the schedule.

Protection against dismissal

Special protection against dismissal applies during Elternzeit. It begins from the moment the application is submitted, but not earlier than:

• 8 weeks before the start of Elternzeit before the child’s third birthday;
• 14 weeks before the start of Elternzeit in the period from the third to the eighth birthday.

The employer can dismiss an employee on Elternzeit only in exceptional cases and only with permission from the competent occupational safety authority. Such cases may include, for example, insolvency, the closure of part of the business, or a serious breach of duties by the employee.

The employee can resign effective at the end of Elternzeit, but must give the employer 3 months’ notice. If the employee needs to leave earlier or change already declared periods, the employer’s consent is usually required.

If a new pregnancy begins

If a woman becomes pregnant during Elternzeit, she can end Elternzeit early before the new Mutterschutz begins. This is important for the correct calculation of Mutterschaftsgeld payments and the employer’s share.

The employer must be informed in time about the new pregnancy and the planned end of Elternzeit. In disputed situations, it is better to check the procedure with the Elterngeldstelle, a trade union, an employment lawyer, or an official advice service, because the details depend on dates, the contract, and employment status.

Short checklist

1. Decide which months of Elternzeit you need before the third birthday and after it.
2. Check whether you want a complete break from work or part-time work.
3. Submit the application at least 7 or 13 weeks in advance, depending on the child’s age.
4. Keep proof of sending and a copy of the application.
5. Check Elterngeld separately: in practice, Elternzeit and Elterngeld are closely related, but they are arranged under different rules.

You can check the detailed legal provisions in the BEEG on the Gesetze im Internet website and on the Familienportal des Bundes.