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Source: BUS Sachsen-Anhalt (Linie6Plus)

Taking parental leave

Description

As a parent, you are entitled to unpaid leave from work to care for and raise your child. This parental leave lasts up to 3 years.

It is generally popular to take parental leave until the child's 3rd birthday. However, you can also take part of your parental leave between the child's 3rd and 8th birthday. After the child's 3rd birthday, however, you may take a maximum of 24 months of parental leave.

Registering parental leave

Both parents can take parental leave, regardless of whether the other parent takes parental leave. Each parent is entitled to 3 years of parental leave. The decisive factor is that you have registered your parental leave informally and in good time with your employer. The employer is obliged to confirm the parental leave.

Planning parental leave

You can take parental leave as long as you meet certain requirements.

Those entitled to parental leave are free to choose the start date of their parental leave.The maternity protection periods after the birth count as used parental leave, even if the parental leave is not taken directly after the maternity protection period.

Parental leave begins on the date specified by the person entitled to parental leave. Parental leave begins on the date notified by the parent

  • It is not necessary for the mother to take parental leave during the maternity protection period. This should only begin after the maternity protection period.
  • The maternity protection period is regarded as used parental leave.
  • For the other parent, parental leave begins from the birth of the child at the earliest.

You can divide your parental leave into 3 periods or take it all at once. The decisive factor for the division is whether the parental leave or parts of the parental leave

  • before the 3rd birthday or
  • between the 3rd birthday and the 8th birthday

of your child.

If the third period falls entirely after the third birthday, the employer may refuse this parental leave for urgent operational reasons.

If you register for parental leave within the first 3 years of your child's life, a commitment period of 2 years applies. During this period, you must make a binding declaration to your employer as to how you would like to take parental leave during these 2 years from the start of parental leave. If you only announce part of your parental leave during this commitment period, you can only register further parental leave for the commitment period retrospectively with your employer's consent.

You must notify your employer of parental leave up to your 3rd birthday at least 7 weeks before the desired start date.

After the end of the commitment period, you can again freely dispose of your remaining parental leave.

You must register parental leave during this period with your employer at least 13 weeks before the desired start date.

Extending parental leave

You can extend your parental leave at any time if you have not yet used up the full 3 years. The employer must agree to the extension if you are still in the commitment period. Outside of the commitment period, parental leave can also be declared without the employer's consent, subject to the registration deadline.

If you wish to extend your parental leave, this does not count as a new period unless you have

  • worked again in the original employment relationship,
  • taken maternity protection periods or
  • taken parental leave for another child

Ending parental leave early

You can terminate your parental leave prematurely at any time with the consent of your employer. Parental leave can only be terminated early without the employer's consent in special cases:

  • due to a particular case of hardship:
    • Serious illness,
    • severe disability or death of a parent or child,
    • serious threat to the parents' financial existence,
    • to take a new maternity protection period.

If the child dies during parental leave, the parental leave ends no later than 3 weeks after the date of death.

For births until 30.06.2015 applies:

Up to a maximum of 12 months of parental leave, which you did not take in the first 3 years of your child's life, can be carried over to the period up to the age of 8 of your child with the consent of your employer.

For births since 01.07.2015 applies:

Up to a maximum of 24 months of parental leave, which you did not take in the first 3 years of your child's life, you can still claim in the period between the 3rd birthday and the completion of the 8th year of your child's life. You do not need your employer's consent for this.

You may work during parental leave if the weekly working time does not exceed 30 hours on average per month.

Part-time work may be carried out:

  • at your employer,
  • with another employer or
  • as a self-employed activity.

Part-time work with another employer or as a self-employed activity requires the consent of your employer. Your employer can only reject your application for urgent operational reasons. The rejection must be received in writing within four weeks of the application.

The prerequisite for parental leave is that you

  • work full-time, part-time, on a fixed-term or permanent contract (mini-job) or from home. You can work in Germany or abroad, but your employment relationship must be governed by German employment law.Exceptions may apply for employees who have their place of work in Germany under foreign law.
  • live in the same household as your child.This does not require a jointly registered place of residence.
  • look after and bring up the child yourself.
  • do not work at all or work a maximum of 32 hours per week during parental leave.
  • Written registration with your employer
  • Birth certificate of the child, if applicable
  • Acknowledgment of paternity, if applicable
  • Consent of the custodial parent, if applicable

There are no costs.

Contact your employer.

There are no indications or special features.

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

The text was automatically translated based on the German content.

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