Parental leave

Parental leave is intended to give employees time to care for their own children. This entitlement is valid for a maximum of 3 years after the birth. Parental leave is an unpaid leave of absence from work. It is possible to receive parental allowance instead of a normal salary. We then clarify the most important questions on the subject.

Who is entitled to it?

The following applies: All mothers and fathers who are employed as employees are legally entitled to parental leave. It does not matter whether they are still in training, work part-time or have a fixed-term employment contract. Civil servants can also take parental leave.

It is also possible for people who have custody of a child to take parental leave. This can also be a grandparent, for example. However, the following 3 conditions must be met:

• The grandchild lives in the same household as the grandparent.
• The child’s mother or father is a minor or is in education or training that began before their 18th birthday.
• The biological parents do not take parental leave themselves.

In this constellation, the grandparents do not automatically receive parental allowance.

Incidentally, anyone who is not employed as an employee is an exception. The following persons are not entitled to parental leave:

• Self-employed
• Students
• Pupils
• Participants in an FSJ & FÖJ
• Participants in the Federal Volunteer Service

How long can parental leave be taken?

Parents can take up to 3 years of unpaid leave for each child at the same time or consecutively. It should be noted that the maternity protection period is counted towards this time.

Since July 1, 2015, the time off can be divided into 3 periods. It is possible to take up to 2 years between the child’s 3rd and 8th birthday. Important to know: The employer can only refuse this for urgent operational reasons.

How do I apply for time off?

As a general rule, since there is a statutory entitlement, the employer may not refuse the application. For this reason, it is completely sufficient to inform the employer of the duration in good time.

Within the first 3 years of the child’s life, the HR department must be informed at least 7 weeks before the start of parental leave. This will state from when to when the employee wishes to stay at home after the birth of the child.

However, an e-mail is not sufficient here. The application must be signed by hand and then nothing stands in the way.

Can you work during this time?

There is no obligation, but parents can actually work up to 30 hours during parental leave if they wish. Incidentally, parents whose children are born on or after September 1, 2021 are even allowed to work up to 32 hours per week.

The employer is also obliged to fulfill the employee’s request for part-time work. All the employee has to do is state the desired working hours and period.

If the main employer does not agree, the employer has the option of working part-time for another employer. It is also possible to work independently during parental leave. It should be noted here that the employer must agree to this. The employer can only reject this in writing within 4 weeks for operational reasons.

At the end of the leave, the employee can return to the working hours that were agreed before the start of parental leave.

Does the employee have health and long-term care insurance?

If you are a member of a statutory health insurance fund, you are insured free of charge during your unpaid leave, but only if you are compulsorily insured.

Members of private health insurance must also pay the full contribution during parental leave. The employer’s contribution subsidy for health and long-term care insurance does not apply here.

What happens after parental leave?

Following parental leave, employers have the right to the old job or at least a comparable job.