German parental leave (Elternzeit) is a statutory entitlement under the Bundeselterngeld- und Elternzeitgesetz (BEEG) that allows each parent to take up to three years of leave per child — with a guaranteed right to return to their job and special protection against dismissal. Unlike many countries where parental leave is limited to months, Germany offers one of the longest parental leave entitlements in the OECD. The leave is unpaid (except for the concurrent Elterngeld), and the employer must hold the position open for the entire period.
This guide covers eligibility, the three-year entitlement, the flexible part-time option, the application process, dismissal protection, and the interaction between Elternzeit and Elterngeld.
Key takeaways
- Each parent is entitled to up to 3 years of parental leave per child, from birth until the child turns 3.
- Parents can work up to 32 hours per week during parental leave (the “reduced hours” option under §16 BEEG).
- The employer cannot dismiss the parent during parental leave — §18 BEEG provides absolute dismissal protection from the start of leave until the child is 3.
- Parents must apply for Elternzeit at least 7 weeks before it starts (if beginning within the first 3 years) or 13 weeks before (if deferring to the period between the child’s 3rd and 8th birthday).
- Elternzeit is non-transferable between parents — each parent’s entitlement is individual.
Who is eligible?
Elternzeit is available to:
- Both parents — birth parents and, under certain conditions, adoptive and foster parents
- Employees, civil servants, and self-employed persons — the entitlement applies regardless of employment status, though the practical effect differs (employees get leave, self-employed get reduced hours)
- Part-time workers — the 3-year entitlement is the same for full-time and part-time employees
The entitlement is per parent, per child. Parents of twins or multiple children receive Elternzeit for each child independently, though the practical ability to stack leave periods is limited.
The three-year entitlement
§15 BEEG sets out the core entitlement:
| Period | Duration | Conditions |
|---|---|---|
| First 3 years after birth | Up to 3 years | Must apply at least 7 weeks before start |
| 3rd to 8th birthday | Up to 24 months | Must apply at least 13 weeks before start; subject to employer’s operational interests |
The first three years are the standard entitlement — the employer cannot refuse it. The deferred period (between the child’s 3rd and 8th birthday) is more flexible: the employer can refuse the leave if operational interests (betriebliche Gründe) make it unreasonable, subject to labour court review.
Reduced hours during parental leave
§16 BEEG allows parents to work up to 32 hours per week during parental leave. This is the most common way German parents use Elternzeit — they reduce their hours rather than stopping work entirely.
Key rules for the reduced-hours option:
- Maximum 32 hours per week — this is an absolute cap, not an average; exceeding 32 hours in any week terminates the reduced-hours arrangement
- Part-time employment only — the parent cannot work full-time (more than 32 hours) during Elternzeit
- Both parents can work simultaneously — there is no restriction on both parents working part-time during their respective Elternzeit periods
- Employer’s consent — the employer must agree to the reduced-hours arrangement, but the right to reduce hours is statutory; refusal requires operational justification
The reduced-hours option is what makes Elternzeit practical for most families — it allows parents to maintain income (from the part-time work and any Elterngeld) while significantly reducing their working time.
Application process
The application for Elternzeit must follow strict formal requirements under §16 BEEG:
- Written application — the application must be in writing (B Brief) and include the specific Elternzeit periods requested
- At least 7 weeks before start — for leave within the first 3 years of the child’s life
- At least 13 weeks before start — for deferred leave between the child’s 3rd and 8th birthday
- Must specify the periods — the application must state the exact start and end dates of the requested leave periods
The employer must confirm receipt of the application. Failure to respond does not constitute approval — the leave is a statutory right that does not require employer consent (for the first 3 years).
Partial deferment
Parents can defer up to 24 months of their 3-year entitlement to the period between the child’s 3rd and 8th birthday. The deferral must be declared in the initial application — parents who do not defer lose the deferred portion.
Example:
- Parent requests 2 years of Elternzeit from birth to age 2
- Parent defers 1 year to the period between the child’s 3rd and 8th birthday
- The parent can take the deferred year at any time before the child turns 8
Dismissal protection
§18 BEEG provides absolute dismissal protection during parental leave:
- Start of protection: From the date the Elternzeit application is received by the employer (not the start of leave)
- End of protection: When the child turns 3 (or the end of the deferred Elternzeit period)
- Scope: The employer cannot issue a notice of ordinary or extraordinary dismissal during the protected period
- Exception: Dismissal for cause (wichtiger Grund) under §626 BGB is possible but extremely narrow — the Federal Labour Court interprets this very restrictively
The dismissal protection also applies to the deferred Elternzeit period between the child’s 3rd and 8th birthday, from the date the application for the deferred period is received.
Interaction with Elterngeld
Elternzeit and Elterngeld are separate entitlements that run concurrently:
| Aspect | Elternzeit | Elterngeld |
|---|---|---|
| What it provides | Leave from work | Income replacement |
| Duration | Up to 3 years | Up to 14 months (Basiselterngeld) |
| Paid by | Employer (only if contractual) | Federal Elterngeldstelle |
| Reduced hours option | Up to 32 hours/week | Maintained during reduced hours |
| Application | Written, 7–13 weeks before | Within 3 months of birth |
A parent can receive Elterngeld while working part-time during Elternzeit — the two are designed to complement each other. However, the part-time income during Elternzeit reduces the Elterngeld amount under the income assessment rules.
Employer obligations
Employers managing Elternzeit have six core duties:
- Confirm receipt of the Elternzeit application
- Hold the position open for the duration of the leave
- Do not dismiss the employee during the protected period
- Process reduced-hours requests in good faith
- Maintain social security records for the employee during leave
- Reinstate the employee to their position (or a comparable position) when leave ends
The employer is not obligated to pay salary during Elternzeit unless a collective agreement or employment contract provides otherwise.
Common pitfalls
1. Not applying on time
The 7-week and 13-week deadlines are strict. Late applications can result in the employer refusing the leave (for the deferred period) or the Elterngeldstelle reducing retroactive payments.
2. Exceeding 32 hours
Working more than 32 hours in any week during reduced-hours Elternzeit terminates the arrangement. The parent loses the reduced-hours protection and the employer can require a return to full-time.
3. Not deferring in the initial application
If the parent does not declare the deferred Elternzeit in the initial application, the deferred portion is lost. This is one of the most common and irreversible errors in German parental leave.
4. Confusing Elternzeit with Kündigungsschutz
Dismissal protection under §18 BEEG starts when the application is received, not when leave begins. An employer who dismisses an employee after receiving the application but before leave starts is in breach.
5. Refusing part-time without justification
The right to reduce hours under §16 BEEG is statutory. An employer can refuse on operational grounds, but the refusal must be justified and proportionate — blanket refusals are not defensible.
For more German context, see our guide to German parental allowance (Elterngeld) and German maternity protection (Mutterschutz).
A leave management system that tracks Elternzeit start and end dates, manages reduced-hours arrangements, and holds the dismissal protection window on the employee record ensures German parental leave compliance without administrative overhead.
Frequently asked questions
How long is parental leave in Germany?
Each parent is entitled to up to 3 years of parental leave per child. Up to 24 months can be deferred to the period between the child’s 3rd and 8th birthday.
Can both parents take parental leave at the same time?
Yes. Both parents can take Elternzeit simultaneously, and both can work part-time (up to 32 hours each) during their respective leave periods.
Is parental leave paid in Germany?
Elternzeit itself is unpaid, but parents can receive Elterngeld (parental allowance) during the leave. Elterngeld replaces 65–100% of net income for up to 14 months.
Can an employer refuse parental leave?
For the first 3 years, no — the entitlement is absolute. For the deferred period (between the child’s 3rd and 8th birthday), the employer can refuse on operational grounds.
Do I have to take all 3 years at once?
No. Parents can take Elternzeit in blocks, use the reduced-hours option (up to 32 hours/week), or defer up to 24 months to later years. The only requirement is that the total does not exceed 3 years.
Sources
- Bundeselterngeld- und Elternzeitgesetz (BEEG)
- Familienministerium — Elternzeit
- Bundesministerium für Familie, Senioren, Frauen und Jugend
Last updated: 26 July 2026. This article is general guidance, not legal advice. Elternzeit rules and application deadlines change — confirm current requirements with the Familienministerium and consult a specialist employment lawyer.