In Germany, both parents are entitled to up to three years of unpaid parental leave (Elternzeit) per child under the Federal Parental Allowance and Parental Leave Act (BEEG). During Elternzeit, employees are protected from dismissal. Additionally, parents can receive Elterngeld (parental allowance) from the government for up to 14 months (or up to 24 months with ElterngeldPlus) to replace lost income.

Statutory entitlement

Up to three years of unpaid parental leave per parent per child. Elterngeld: 65–100% of net income (minimum €300, maximum €1,800 per month) for up to 14 months shared between parents, or up to 24 months with ElterngeldPlus.

Eligibility

All employees who live with and care for their child are entitled to Elternzeit. Both parents can take leave simultaneously. Employees must notify their employer of their intention to take Elternzeit at least seven weeks before the leave starts.

Employer obligations

  • Grant up to three years of Elternzeit per child per parent.
  • Protect the employee from dismissal during Elternzeit (from the time of notification, up to eight weeks before the leave starts, and throughout the leave).
  • Allow the employee to work up to 32 hours per week during Elternzeit without affecting the leave.
  • Respond to Elternzeit requests — employees must declare the leave period at least seven weeks in advance.
  • Maintain the employee's position (or an equivalent position) for the duration of the leave.

Employee rights

  • Right to up to three years of unpaid parental leave per child.
  • Right to receive Elterngeld from the state during the first 14 months (or up to 24 months with ElterngeldPlus).
  • Protection from dismissal from eight weeks before the start of Elternzeit until the end of the leave.
  • Right to work part-time (up to 32 hours per week) during Elternzeit.
  • Right to return to a position comparable to the pre-leave role.

Common pitfalls

  • Confusing Elternzeit with Elterngeld — Elternzeit is the leave entitlement; Elterngeld is the financial benefit. They are administered separately.
  • Not giving seven weeks' notice — employers can refuse late notice.
  • Assuming the employee's exact position must be kept — employers only need to provide a comparable position after Elternzeit.

How Elternzeit is structured

Each parent can take up to three years of Elternzeit. At least 12 months must be taken before the child's third birthday. The remaining 12 months can be taken any time up to the child's eighth birthday. Both parents can take leave simultaneously or stagger their leave.

Elterngeld financial benefit

Elterngeld replaces 65–100% of the parent's net income (minimum €300, maximum €1,800 per month). The basic allowance is available for 12 months, with an additional two months if both parents take at least two months of leave (Partnermonate). ElterngeldPlus extends the duration to up to 24 months at half the monthly rate.

Working during Elternzeit

Parents can work up to 32 hours per week during Elternzeit without losing their leave entitlement. However, working more than 30 hours per week may affect Elterngeld eligibility for that month.

Frequently asked questions

Can fathers take Elternzeit?

Yes. Both parents have equal rights to Elternzeit. In fact, Elterngeld provides two additional 'partner months' if both parents take at least two months of leave.

Is Elterngeld paid by the employer?

No. Elterngeld is a state benefit paid by the Elterngeldstellen (parental allowance offices) of the federal states (Länder). It is not connected to the employer's payroll.

What happens to annual leave during Elternzeit?

Annual leave accrues during Elternzeit, but the employer can reduce it by one-twelfth for each full calendar month of leave. Employees should take remaining annual leave before Elternzeit begins.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.