HR-Glossar

Elternzeit (parental leave)

Who is entitled to German parental leave, which notice periods apply, how part-time during leave works and when protection from dismissal begins.

1. What is Elternzeit (parental leave)?

Elternzeit is the statutory entitlement to unpaid release from work in order to care for and bring up a child. It is governed by Part 2 of the Federal Parental Allowance and Parental Leave Act (BEEG).

It is to be kept strictly apart from Elterngeld, the parental allowance: parental leave is the employment-law release vis-à-vis the employer, the allowance is a family benefit with its own application to a different body. Parental leave can be taken without the allowance and the allowance drawn without parental leave – confusing the two is the most common error on this subject.

The entitlement exists against every employer, with no qualifying period and no company size threshold. It is not applied for and not approved but notified – the employer cannot refuse it.

For an employer used to a discretionary leave policy, that last sentence is the one to take away. There is nothing here to grant.

2. Origin and development

The entitlement replaced the former "child-rearing leave" and with it an understanding that had become outdated: parental leave is not holiday but an interruption of the work while the employment relationship continues.

Two developments shape current practice. The first is flexibility: part of the leave can be carried over to a later period up to the child's eighth birthday, and it can be split into several blocks. The second is the entitlement to part-time work during parental leave – it allows someone to keep working on reduced hours instead of dropping out entirely.

Both pursue the same aim: making the return to work easier and making care shareable between the parents. For employers it means parental leave today is less often one continuous block, and workforce planning becomes correspondingly more granular.

3. Core principles and how it works

An entitlement without qualifying period or size threshold

It exists against every employer, regardless of length of service and company size – unlike protection under the Dismissal Protection Act.

Notified, not applied for

Section 16 BEEG requires written notification stating the periods. The employer confirms it; it cannot refuse it.

A binding commitment for two years

On notification, the employee must state bindingly which periods of leave they will take within the next two years. A later change in principle requires the employer's consent.

Different notice periods

Leave up to the third birthday has a different notice period from a period carried over beyond it. Section 16 BEEG names both – and applying the wrong one shifts the start.

Protection from dismissal from the notification

Section 18 BEEG protects from a defined point before the leave begins and throughout its duration. A dismissal is possible only with an official declaration of admissibility.

Part-time during leave as an entitlement of its own

Subject to the conditions in Section 15 BEEG there is an entitlement to reduce working hours. The employer can refuse it only for compelling operational reasons, and must do so in writing and within a deadline.

Holiday can be reduced, but not automatically

Annual holiday can be reduced for full months of parental leave. That requires an express declaration by the employer – without one, the entitlement remains.

4. Who is Elternzeit (parental leave) relevant for?

- Employees with children – the entitlement belongs to both parents, including at the same time. - All employers – without exception by size. - HR departments – they confirm notifications, examine part-time requests and manage cover. - Payroll teams – contribution law, holiday reduction and part-time during leave come together with them. - Managers – whether the return and part-time work succeed in practice is decided with them.

5. How it differs from related terms

- Parental leave and parental allowance – employment-law release vis-à-vis the employer on one side, a family benefit with its own application on the other. Different conditions, different deadlines, different bodies. - Parental leave and maternity protection – the protection periods under the MuSchG precede parental leave; they are set off against it. - Parental leave and care leave – care leave serves the care of relatives in need of care and follows its own statutes. - Part-time during leave and part-time under the TzBfG – the entitlement under Section 15 BEEG has its own conditions and is time-limited; part-time under the TzBfG is permanent. - Parental leave and unpaid special leave – parental leave is not holiday; holiday entitlements continue to accrue and can be reduced only by express declaration.

6. Variants and adaptations

The arrangement is more flexible than is often assumed:

- One continuous block – the classic case, usually following maternity protection. - Split into blocks – the leave can be divided into several periods; special rules apply to the third. - Carry-over beyond the third birthday – part can be taken up to the eighth birthday, with its own notice period. - Both parents at the same time – permissible; both can take it in parallel. - Part-time during parental leave – continued work on reduced hours, with the same employer or, with consent, with another.

7. Advantages and challenges

Advantages

  • An entitlement with no qualifying period and no company size threshold
  • Strong protection from dismissal, which bites before the leave begins
  • Flexible splitting and carry-over up to the eighth birthday
  • Part-time during leave maintains the connection to the business
  • The employment relationship continues unchanged — the return is secured

Challenges

  • The two-year commitment binds, and changes require consent
  • The different notice periods are regularly confused
  • Without an express declaration the holiday entitlement remains — frequently overlooked
  • Refusing a part-time request is subject to a deadline; miss it and the reduction is deemed agreed
  • For the business, granular splitting is demanding to plan around
  • Parental leave is unpaid — the allowance is a separate benefit

8. Best practices for implementation

Declare the holiday reduction expressly

It does not happen by itself. Without a declaration by the employer the full holiday entitlement remains and must be paid out on termination – the most expensive avoidable error on this subject.

Answer part-time requests within the deadline

A refusal must be given within the statutory period, in writing and with reasons. Miss the deadline and the reduction is deemed settled.

Confirm the notification in writing

Period, extent, start and end. That creates clarity for both sides and at the same time documents when protection from dismissal began.

Plan cover for the whole period

A fixed-term contract for cover rests on the objective reason of substitution. It must match the notified period – not an estimate.

Offer contact during the leave, do not expect it

A voluntary offer of information and training makes the return easier. An expectation of being reachable is impermissible during the release.

9. Tips for employers and employees

For employers

  • **Declare the holiday reduction expressly** – it does not happen automatically
  • **Answer a part-time request within the deadline** – otherwise it is deemed agreed
  • **Refusal only for compelling operational reasons** – and with written reasons
  • **Dismissal only with an official declaration of admissibility** – Section 18 BEEG

For employees

  • **Parental leave is not parental allowance** – two applications, two bodies, two deadlines
  • **Watch the notice period** – it differs according to the period taken
  • **The commitment binds for two years** – think the split through beforehand
  • **Your holiday remains** – for as long as the employer does not expressly declare the reduction

10. Conclusion

Parental leave is an entitlement, not an application: it is notified, not approved, and the employer cannot refuse it. It exists against every employer, with no qualifying period and no company size threshold.

The most common confusion concerns the parental allowance: that is a family benefit with its own application to a different body. Parental leave without the allowance and the allowance without parental leave are both possible.

For employers the expensive errors sit in two places. The first is the holiday reduction: it is permissible but does not happen by itself – without an express declaration the full entitlement remains and must be paid out at the end. The second is the deadline for refusing a part-time request: miss it and the reduction is deemed settled, whatever the operational position was.

For an international group, both of those are administrative failures rather than legal ones, and both arise the same way: parental leave is handled as though it were a leave request that somebody approves. It is not. What the employer does have to do actively is declare the holiday reduction and answer a part-time request in time – and those are exactly the two steps a process built around granting requests does not contain.

A note on sources: there is no official English version of the BEEG (checked on 2026-09-27); its German text governs. The Maternity Protection Act has one, cited below.

Sources

Related terms

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