Elternzeit is Germany’s parental leave scheme, granting employees up to three years of unpaid leave per parent, with a guaranteed right to return to their previous position. Under the Bundeselterngeld- und Elternzeitgesetz (BEEG), both parents can take leave simultaneously or sequentially, and up to 24 months of the three-year entitlement can be claimed after a child’s third birthday in specific circumstances.

This guide covers everything an employer needs to administer Elternzeit: the notification requirements, the Elterngeld interaction, the part-time work right during leave, and the re-entry guarantee that most often creates risk.

Key takeaways

  • Each parent is entitled to up to 36 months of parental leave per child — 12 months before the child’s third birthday, and 24 months between the third and eighth birthday.
  • Parents must give 7 weeks’ notice before the intended start of Elternzeit (or 13 weeks if the leave begins after the child’s third birthday).
  • Elternzeit is unpaid, but parents can claim Elterngeld (parental allowance) from the state for up to 14 months (Basic) or 28 months (Extended) per couple.
  • During Elternzeit, the employment contract is suspended — the employer does not pay salary but continues to accrue service and pension contributions.
  • The re-entry guarantee under §16 BEEG requires the employer to reinstate the employee to their original or an equivalent role.

What is Elternzeit?

Elternzeit is a statutory entitlement under the BEEG that allows employees to reduce or completely suspend their working hours to care for a child. It is not a benefit that the employer can refuse — it is a legal right.

The entitlement has two components:

  • 12 months per parent during the first three years after birth or adoption (14 months if a second parent takes at least 2 months)
  • 24 months that can be claimed between the child’s third and eighth birthday

A key feature of the German system is the partnership principle: if only one parent takes Elternzeit, the family loses up to 8 months of potential Elterngeld. The system incentivises shared parenting.

The notification process

The notification requirements differ depending on when the leave is taken:

Leave during the first three years:

  • At least 7 weeks before the intended start date
  • The notice must be in writing and signed by the employee
  • It must state the start and end dates, or the intended duration

Leave after the third birthday:

  • At least 13 weeks before the intended start date
  • The same written notice requirements apply

Once the notice has been given and the period is confirmed, the employer cannot refuse the leave. The employee can withdraw the request at any time, but the employer is not obligated to agree to early termination during the leave.

The employer’s role in Elterngeld

Elterngeld is paid by the Familienkasse (family benefits office) or the Elterngeldstelle in the employee’s district. The employer does not pay Elterngeld, but the employer plays a role in the process:

  • The employee requests a Bescheinigung (confirmation) of the expected salary and working hours from the employer, which they submit to the Elterngeldstelle.
  • Elterngeld replaces a proportion of the income lost during leave — 65% of the net income, subject to minimum and maximum amounts.
  • The minimum Elterngeld for full-time employees is €300 per month, and the maximum is €1,800 per month (or €2,100 for the extended ElterngeldPlus model).

The employer should respond to the Bescheinigung request within 2 weeks — delays here directly affect the employee’s ability to receive Elterngeld on time.

Part-time work during Elternzeit

Under §15(4) BEEG, an employee taking Elternzeit for the first 12 months is entitled to work up to 32 hours per week during the leave. This right was increased from 30 to 32 hours in the 2024 reform.

The employer must accommodate this request unless the reduction would create a disproportionate operational burden — a high bar that rarely applies in practice. The employer can only refuse a request to work part-time if it genuinely cannot accommodate the hours requested, and even then, the refusal must be proportionate.

Part-time Elternzeit reduces the duration of the leave proportionally. If the employee works 16 hours per week (half-time), their 12-month leave entitlement is reduced to 6 months.

ElterngeldPlus and the extended option

The 2015 reform introduced ElterngeldPlus, which allows parents to stretch Elterngeld over a longer period at a lower monthly rate. Under ElterngeldPlus:

  • Elterngeld is paid for up to 28 months per couple instead of 14 months
  • The monthly rate is half the standard Elterngeld amount (at least €150/month)
  • The maximum ElterngeldPlus per parent is €900 per month

The partnership principle applies: if one parent does not take at least 2 months of Elterngeld, the family’s total entitlement is reduced by 2 months.

Worked example

Lena is a marketing manager earning €5,200 gross per month (€3,600 net). She takes 14 months of Elternzeit starting 3 months after her child’s birth. Her partner, Marc, takes 4 months of Elternzeit at the same time.

Lena’s standard Elterngeld: 65% × €3,600 = €2,340, capped at the maximum of €1,800 per month for 14 months. Marc’s standard Elterngeld: 65% × €2,800 (net) = €1,820, also capped at €1,800 for 4 months. Because Marc takes 4 months, Lena can claim the full 14 months. The family receives €1,800 × 18 months = €32,400 in total Elterngeld.

If Lena had chosen ElterngeldPlus instead, she would receive €900 per month for 28 months — the same total amount spread over twice the duration.

The re-entry guarantee

Under §16 BEEG, when Elternzeit ends, the employer must offer the employee a position that is at least equivalent to their previous role. The key rules are:

  • The position must be in the same workplace or a reasonable commuting distance
  • The role must be substantively equivalent — same qualifications, same responsibilities, same pay grade
  • The employer must offer the position no later than 4 weeks before the end of Elternzeit

If the original position no longer exists (for example, due to restructuring), the employer must offer an equivalent position. A truly equivalent position is one that matches the employee’s qualifications and professional status — a demotion does not satisfy the re-entry guarantee.

Employer obligations

Your core duties as an employer are:

  1. Process the Elternzeit notice — you cannot refuse a valid request, but you should confirm receipt within 2 weeks.
  2. Maintain service accrual and pension contributions during the leave — the employment contract is suspended, not terminated.
  3. Issue the salary Bescheinigung for Elterngeld within 2 weeks of the employee’s request.
  4. Accommodate the part-time right — up to 32 hours per week during the first 12 months of Elternzeit, unless there is a genuine operational burden.
  5. Offer a re-entry position within 4 weeks of the leave ending, on terms no less favourable than before.

Common pitfalls

1. Failing to maintain pension contributions

During Elternzeit, the employer continues to pay its share of pension contributions based on the salary the employee earned immediately before the leave. This is a cost to the employer, not the employee, and many small employers are unaware of this obligation.

2. Refusing a part-time request

The right to work 32 hours per week during Elternzeit is broad. Refusing a part-time request without a documented, genuine operational burden is a breach of the BEEG.

3. Not offering re-entry

Failing to offer a re-entry position — or offering a demoted role — is a breach of §16 BEEG and typically results in a successful unfair dismissal claim at the labour court.

4. Incorrectly calculating the notice period

The 7-week or 13-week notice periods run from the date the notice is received, not from the date of the request. Getting this wrong creates timing pressure on the employee and the employer.

5. Losing the partnership principle benefit

If one parent does not take at least 2 months of Elternzeit, the family loses 2 months of Elterngeld entitlement. Employers who are aware of this can support employees in understanding the partnership principle before they make their leave decision.

For more EU context, see our guide to annual leave entitlements in Germany, the overview of the main types of leave employers manage, and our guide to absence management.

Frequently asked questions

Can an employer refuse Elternzeit?

No. Elternzeit is a statutory right. The employer can process the notice, query its validity, and manage the administrative steps, but cannot refuse a properly completed request.

How long can an employee take Elternzeit?

Up to 36 months per parent per child. The first 12 months can be taken during the first three years after birth or adoption, and the remaining 24 months can be claimed between the child’s third and eighth birthday.

Does Elternzeit count toward length of service?

Yes. The employment contract is suspended during Elternzeit, but the leave counts for continuity of employment and length of service calculations.

What happens to the employee’s pension during Elternzeit?

The employer continues to pay its share of pension contributions based on the employee’s pre-leave salary. The employee’s contributions are also maintained at the same rate, but the employee is not required to make contributions if they have no income during leave.

Can Elternzeit be taken in blocks?

Yes. The 12 months during the first three years can be divided into up to 3 blocks. The 24 months after the third birthday can be taken in 1 block or 2 blocks.

Putting it into practice

Five steps cover most Elternzeit administration:

  1. Create an Elternzeit notice template that captures the required 7-week or 13-week notice, start and end dates, and whether the employee will work part-time during the leave.
  2. Set up a pension contribution tracking system that maintains the employer’s contribution throughout the leave period.
  3. Issue the salary Bescheinigung within 2 weeks of the employee’s request to avoid delays in Elterngeld processing.
  4. Track the part-time request right — the employee can request to work up to 32 hours per week during the first 12 months of Elternzeit.
  5. Offer a re-entry position at least 4 weeks before the end of Elternzeit, on terms no less favourable than before.
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Sources

Last updated: 26 July 2026. This article is general information, not legal advice.