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Parental leave

Service Description

As a parent, you can take parental leave.

Each parent is entitled to a temporary and unpaid leave of absence from work to care for and raise the child. The entitlement lasts until the child is 3 years old.

During parental leave, your employment relationship is suspended. At the end of parental leave, your employment relationship shall be revived and your employer shall re-employ you in accordance with the agreements made in the employment contract.

Process flow

You must request your parental leave in writing from the employer at least 7 weeks before it begins.

In order to make the parental leave flexible and at the same time ensure the necessary planning security for the employer side, you must specify the arrangement of the parental leave when registering for the next 2 years from the start of the parental leave.

If the mother takes parental leave immediately after the maternity protection period or immediately after a leave following the maternity protection period, she must determine the arrangement of the parental leave only until the child reaches the age of 2.

Your employer will certify your parental leave.

Your employment relationship is suspended during the parental leave. After the end of the parental leave, your employment relationship shall be reinstated.

Who should I contact?

Your employer

Competent authority

Your employer

Requirements

  • Employment relationship under German labor law or
  • vocational training if the training relationship is based on an employment contract.

As an employee, you are entitled to parental leave if you

  • live in a household with a child for whom you are entitled to parental leave and
  • care for and raise this child yourself.

A parental leave entitlement exists for:

  • Your child or
  • a child
    • that you have taken in with the aim of adopting as your child,
    • your spouse, civil partner or partner that you have taken into your household,
    • who lives in your household and for whom the acknowledgment of paternity declared by him or her has not yet taken effect or a decision has not yet been made on the establishment of paternity requested by him or her,
    • whom you have taken into full-time care (pursuant to Section 33 of Book Eight of the Social Code).

Relatives up to the third degree and their spouses, civil partners or domestic partners may also be entitled to parental leave in exceptional cases.

Which documents are required?

  • Written registration with your employer with date and handwritten signature.
    • Registration by e-mail is not sufficient.
    • When registering for parental leave, you must declare bindingly for which periods within the next 2 years you are claiming parental leave.

What are the fees?

none

What deadlines do I have to pay attention to?

Notification deadline

  • You must request your parental leave in writing from your employer at least 7 weeks before it begins.

Duration

  • Both parents can take up to 3 years of parental leave at the same time or alternately.
    • You can divide the parental leave into 2 periods.
    • With the employer's consent, you can also spread the time over further periods.

Protection against dismissal

  • Your employer may not dismiss you from the time you have registered for parental leave, but no earlier than 8 weeks before the start of parental leave and during parental leave.
  • Only in special cases may termination be declared permissible as an exception.
  • Your employee may only terminate the employment relationship at the end of parental leave by giving 3 months' notice.

Early end

If you become pregnant again during your parental leave, you can end the registered parental leave early in order to take advantage of the statutory maternity protection periods and the associated rights. You must inform your employer of this. Parental leave ends at the earliest when your employer receives your notification.

Legal basis

What else should I know?

  • The employer must certify the parental leave.
  • During parental leave, you will not receive a salary from the employer. However, you can apply for parental allowance.
  • Your vacation leave may be reduced by one-twelfth for each full calendar month of parental leave, unless you work part-time for your employer during parental leave.
  • Part-time employment of up to 30 hours per week is permitted during parental leave.

Attention:

If you cannot go back to work immediately after the end of parental leave (e.g. due to lack of childcare), this is relevant for social insurance. Clarify in advance with your health insurance fund whether you are covered by social insurance during this time.

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

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Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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