Definition
Parental leave is the statutory entitlement to unpaid leave from work to care for a child until the child reaches the age of three. Up to two of these three years may be deferred to the period between the child’s third and eighth birthdays. The application must be received by the employer in writing at least seven weeks before the start date. In principle, the employer may not terminate the employment contract during parental leave. The right to work part-time during parental leave applies only under certain conditions. At the end of parental leave, the employee is entitled to return to their previous post or an equivalent one.
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Classification under employment law
Employees are entitled to up to three years’ parental leave per child. During parental leave, there is special protection against dismissal (Section 18 of the Federal Parental Leave Act). Notice must be given in good time: at least 7 weeks in advance if the child’s third birthday is approaching, and 13 weeks in advance thereafter.
Distinction from related terms
Maternity protection: Maternity protection applies before and after the birth, with fixed protection periods and employment restrictions. Parental leave, on the other hand, can be taken freely by both parents within the limits of the law.
Parental allowance: Parental allowance is a state financial benefit during parental leave. Parental leave itself, however, refers to time off work.
Practical tip
Practical tip: With your employer’s consent, you can carry forward parental leave for the child’s third year to the period between their third and eighth birthdays. Plan ahead and put your request in writing – ideally with proof of receipt.
