Parental Leave in Germany (Elternzeit): Key facts every parent should know

Parental leave (Elternzeit) is a vital support system for working parents in Germany, allowing them to balance family life and career. In this guide, we explain who can take parental leave, how it works, and what rights and obligations come with it.

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What is Parental leave in Germany (Elternzeit)?

Elternzeit is an unpaid break from work granted to employees so they can care for and raise their children. Each parent is entitled to up to three years of parental leave per child. This period can begin from the child's birth and can be taken in parts (up to the child’s 8th birthday).

During parental leave, your employment contract is only suspended, not terminated. This means you retain your job and have a right to return to it afterward. While you are not paid by your employer during this time, you may be eligible for parental allowance (Elterngeld).

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‍‍Who can take Parental leave?

You are eligible for Elternzeit if:

• You are an employee working under German labor law
• You live with your child in the same household
• You personally care for and raise your child
• During parental leave, you either do not work at all, or you work a maximum of 32 hours per week (30 hours for children born before 01.09.2021).

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Eligible Children include

You can take parental leave for:

• Your biological child
• Your spouse's biological child
• A foster child in full-time care
• An adopted child, even if the adoption process is ongoing
• A child in a rainbow family
• Your grandchild, under certain conditions
• In rare cases, even a niece, nephew, or sibling, especially in case of disability or death of the child’s parents

📌 Note: If you don’t have legal custody, you will need consent from the parent with custody.

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Who cannot take Parental leave?

Parental leave is not available to:

• Self-employed persons
• Students or pupils not in employment
• Unemployed individuals
• Freelancers, managing directors or independent partners
• Participants in voluntary service (FSJ, FÖJ, BFD)

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How can you split Parental leave?

Each parent is entitled to three years of parental leave. Mothers must reduce this by the Mutterschutzfrist (maternity protection period) after childbirth.

You can:

• Take the full leave at once
• Split it into up to three periods (Drei Zeitabschnitte)
• Use up to 24 months between the child’s 3rd and 8th birthday without employer approval
• Distribute further periods only with your employer’s consent

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How to apply for Parental leave?

To apply for Elternzeit, you must notify your employer in writing within the legal timeframes:

• 7 weeks before starting leave if the child is under 3 years old
• 13 weeks before if the leave is taken after the 3rd birthday

You must specify a binding commitment (Bindung) for the next two years when applying. If both parents take leave at the same time, they can work up to 32 hours each (64 hours total) per week.

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Part-time employment

Part-time work is allowed under these conditions:

• Employer has more than 15 employees
• You’ve worked there for at least 6 months
• You work between 15 and 32 hours per week
• You plan to work for at least 2 months
• No operational reasons prevent your part-time request

If these criteria are not met, part-time work is only possible with employer consent. You can also continue existing part-time work up to 32 hours/week if your employer is informed along with the parental leave request.

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Job protection

You are protected from dismissal (Kündigung) during parental leave:

• Protection starts 8 weeks before the leave (for children under 3)
• Or 14 weeks before (for children aged 3–8)

An employer cannot terminate your contract during this period, except in very rare cases like business closure, and only with approval from the state authority for occupational health and safety.

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If you receive an unlawful dismissal, you must file a Kündigungsschutzklage (legal complaint) within 3 weeks. Parents wishing to resign at the end of parental leave must give 3 months’ notice.

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Vacation and Leave Entitlement

Your annual leave (Urlaubsanspruch) may be reduced by 1/12 for each full month of parental leave unless you’re working part-time.

• If you’re on full parental leave for a year, your leave can be reduced to zero. Any untaken vacation from before the leave can be carried forward up to the next leave year.

• If you work part-time during parental leave, your vacation entitlement usually remains unchanged and unused leave expires as normal. However, if your working days per week decrease, your vacation days may be prorated, for example, reducing from 30 days (5-day week) to 18 days (3-day week).

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Health Insurance coverage

During Elternzeit (parental leave), you typically remain insured under the same health insurance plan you had before your leave. If you are covered by statutory health insurance (gesetzliche Krankenversicherung) and receive parental allowance (Elterngeld), you usually don’t pay any contributions, unless you earn additional income.

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If you are voluntarily insured, you may still need to pay minimum contributions unless you qualify for family insurance through your spouse. For those with private health insurance, you must continue paying full premiums yourself, even during parental leave. This is not subsidized by your employer but may be offset by a higher Elterngeld amount due to the way it's calculated. Civil servants have their own rules and may receive partial subsidies. Always check with your health insurance provider to understand your specific coverage during Elternzeit.

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Elternzeit in Germany offers flexible options for working parents to bond with their children while ensuring job security. Whether you are a new parent, a foster parent, or adopting, parental leave gives you the opportunity to be there for your child without losing your place in the workforce.

If you're planning to take Elternzeit, make sure you apply on time, understand your rights, and explore possibilities like Parental allowance (Elterngeld) to support your family financially during this important time.

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