Can I be fired after my parental leave is accepted in Germany?

A new ruling from Germany’s Federal Labour Court has clarified that employees who take parental leave (Elternzeit) are protected against dismissal even before their leave begins.

Father claims unfair dismissal before parental leave

The case involved a man who began working at a company on July 1, 2024. On July 23, 2024, the man applied for four intermittent blocks of parental leave until July 10, 2027. In the second block, the man wanted to work part-time. His employer approved his request, but he was fired on October 31, 2024.

Employers in Germany are not allowed to dismiss employees who are on parental leave. When the man was fired, he was not on parental leave. However, taking his employer to court, he claimed he was dismissed illegally since his parental leave was due to take effect on November 11, 2024.

Father protected against dismissal before Elternzeit began

The case was initially held at the State Labour Court in Hamm, North Rhine-Westphalia, which ruled in favour of the father, before being referred to the Federal Labour Court. 

The latter court also ruled in the father’s favour, clarifying that his dismissal was void. The court ruled that once an employer has greenlit an employee’s parental leave application, special protection against dismissal also applies during the eight weeks leading up to the date the employee is set to begin parental leave. These rules also apply if the employee is still in their probationary period.