Parental leave
What is parental leave?
Parental leave is a statutory right for parents to look after and raise their child after the birth of their child or after adoption. The aim of parental leave is to give parents the opportunity to spend time with their child and to interrupt their career without losing their job.
In Germany, mothers and fathers are entitled to parental leave if they are in a permanent employment relationship and as a rule have been employed by the employer for at least one year. During parental leave they can look after their child for up to three years, with the first 12 months reserved for both parents. Each parent can take parental leave in one block or in several sections, as long as the employer agrees.
During parental leave, parents have the right to apply for part-time employment of up to 30 hours per week in order to reconcile work and care more effectively. During this time they receive parental allowance from the state to offset the loss of income.
It is important to note that parental leave and parental allowance are two different things. During parental leave, parents can stay away from work unpaid, whereas parental allowance is financial support for parents who reduce their working hours or take a break in order to look after their child.
Who is entitled to parental leave?
In Germany, mothers and fathers are entitled to parental leave if they are in a permanent employment relationship and as a rule have been employed by the employer for at least one year. The entitlement to parental leave applies to biological children, adoptive or foster children for whom the parent has custody or for whom they have taken on caring responsibility.
Part-time employees and parents in fixed-term employment relationships are also entitled to parental leave, provided they meet the conditions set out above.
It is important to note that the entitlement to parental leave is independent of gender. Both mothers and fathers have the right to take parental leave.
How long does parental leave last?
In Germany, parents have the right to look after their child for up to three years, with the first 12 months reserved for both parents. Each parent can take parental leave in one block or in several sections, as long as the employer agrees.
Parental leave can therefore last between 2 months and 3 years, depending on how long the parents need this time for themselves and their child. It is important to note that parental leave must be taken within 8 years of the birth or adoption of the child.
May one work during parental leave?
Yes, that is correct. During parental leave, parents have the right to apply for part-time employment of up to 30 hours per week in order to reconcile work and care more effectively. If the employer does not agree to the application for part-time work, parents have a statutory entitlement to part-time work under certain conditions. This entitlement exists if the company employs more than 15 employees, the employee has been employed there for at least 6 months, and the application for part-time work is submitted no later than 3 months before the desired start of the part-time work.
It is important to note that part-time employment during parental leave can be taken by both parents, as long as the total working time of 30 hours per week is not exceeded. Parental allowance is adjusted accordingly to offset the loss of income.