New parents in Germany can take parental leave (Elternzeit). Parental leave is a legal entitlement to time off work, given to both mother and father, to allow them to look after their children. While parental leave is unpaid, you can claim the parental allowance (Elterngeld) while you are taking it, to mitigate your loss of earnings.
Parental leave is an unpaid break from work for mothers and fathers who care for and raise their children themselves. All employees are entitled to take parental leave in Germany, but they are required to request it from their employer.
You and/or your partner can claim parental leave if:
You can take parental leave to take care of:
People who are not employed are not entitled to parental leave, as they do not have an employer from whom they can request time off work. This includes the following groups of people:
Parental leave is, in itself, an unpaid form of leave, which means you will not continue to receive your regular salary from your employer. However, to make up for the loss of earnings, you can apply for the parental allowance (Elterngeld).
Parents are free to decide themselves how much parental leave they wish to take, up to a maximum of three years per child. It does not have to begin with the birth of your child or after maternity leave, but can be taken anytime between your child’s birth and their third birthday. You can also save up to 24 months of parental leave to use at any point between your child’s third and eighth birthdays, as long as your employer gives permission.
For adopted children, parental leave can begin at the earliest on the day in which you took the child into your household.
Note that if you take maternity leave, the time you are on maternity leave counts towards your total three-year allowance. In other words, your maternity leave and your parental leave combined can only be a maximum of three years. If you start your parental leave immediately after your maternity leave, you can remain on parental leave until the day before your child’s third birthday.
If you have twins or another multiple birth, you can take parental leave for each child. For twins, for instance, this would give a total parental leave allowance of up to 72 months or six years (36 months or three years for each child).
If you have opted to take less than three years of parental leave, you can extend your parental leave, either immediately after it ends or at a later date. However, in most circumstances you will need your employer’s permission.
You will also usually need your employer’s consent to end your parental leave early. In some cases you can end your parental leave early without their permission:
The parental leave entitlement exists for both mother and father in Germany. You can both take up to three years of parental leave per child, regardless of whether the other parent is also taking parental leave.
You and your partner can take parental leave simultaneously or separately, if you wish. Note that if you are taking parental leave jointly, you are barred from claiming social assistance such as the citizens' allowance. You therefore need to make sure that you can provide for your family for the duration of your parental leave.
Each parent is allowed to divide their entire parental leave into a maximum of three blocks (so-called “periods”), although your employer may allow you to divide it into more blocks.
Unlike maternity leave, parental leave does not start automatically. To take parental leave you will need to notify your employer in writing, specifying the dates of the leave you wish to take. It is not sufficient to request parental leave by telephone or email. Your employer is obliged to send you written confirmation that you have registered for parental leave, including the dates during which you will be absent from work.
You need to give your employer seven weeks’ notice if you wish to apply for regular parental leave, or 13 weeks’ notice, if you wish to take unclaimed parental leave after your child’s third birthday.
While you are taking parental leave, you are allowed to work up to 32 hours per week (averaged over a month). If your child was born before September 1, 2021, you are allowed to work a maximum of 30 hours per week.
This means you could continue your full-time job by reducing your working hours. Employers are bound to allow their employees to work part-time while on parental leave, and can only reject requests in exceptional circumstances. You have the right to work part-time if:
Even if you don’t meet these requirements, you can still request to work part-time, and your employer may agree.
Your employer is not allowed to dismiss you during your parental leave period, since parents on parental leave benefit from a special protection against dismissal. After your parental leave finishes, your employer should guarantee that you can return to your old job with the same working hours.
If you worked full-time before your parental leave, once your leave is over you do not have a special right to part-time work, as outlined above. Automatically, you will return to working the same number of hours per week as you did before you took parental leave. However, you may still be able to request part-time work from your employer.
In essence, parental leave is taken instead of annual leave. While you are taking parental leave, you do not accrue holiday leave. For each full calendar month that you are on parental leave, your employer can reduce your annual vacation entitlement by one-twelfth. For example:
However, if you have any unused holiday days before going on parental leave, they will not expire while you are on leave. No matter your company’s usual policy for carrying over holiday days, you will be allowed to use your remaining leave when you get back from your parental leave.
If you have another child while you are on parental leave, you can take the leave at a later date for the additional child. Initially, your first parental leave will continue as planned; you can then take the second parental leave after the first parental leave period ends.
However, you also have the option of ending your parental leave early to take advantage of maternity leave and benefit from the associated maternity protection. In this case, you do not need your employer’s consent, but you must inform them of your pregnancy.