Leistungen A-Z

Supplement to the state of Brandenburg:

• no forms necessary
• Written form required: yes

As a parent, you are entitled to unpaid time off to care for and raise your child. This parental leave covers up to 3 years.

As a rule, parents take their parental leave until the child's 3rd birthday. However, it is also possible to divide it up so that you take some or all of your parental leave between your child's 3rd and 8th birthday.

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 the parental leave informally and in due 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 of their parental leave. As a rule, parental leave begins

• for mothers, after the maternity protection period, i.e. 8 weeks after the birth of the child.
• for the other parent, 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 it were taken

• before the child's 3rd birthday or
• between the child's 3rd and 8th birthdays.

of your child.

If you register for parental leave within your child's first 3rd birthday, a commitment period of two years applies. For this period, you must give your employer a binding indication of how you intend to take parental leave during these 2 years from the start of parental leave. If you only announce part of your parental leave in this binding period, you cannot subsequently register further parental leave for the binding period.

You must notify your employer of parental leave in the commitment period no later than 7 weeks before the desired start date.

If you register for parental leave between your child's 3rd and 8th birthdays, you are free to choose when and whether to take the remaining months.

If you wish to take parental leave during this period, you must notify your employer no later than 13 weeks before the desired start date.

Extending parental leave

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

If you wish to extend your parental leave, this does not count as a new period unless you have returned to work in the original employment relationship in between.

Ending parental leave early

You can end your parental leave early at any time with the employer's consent. Without the employer's consent, parental leave can only be terminated early in special cases:

• because of the birth of another child or
• because of a special case of hardship: serious illness, severe disability or death of a parent or child, significantly endangered economic existence of the parents.

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

The prerequisite for parental leave is that you

• work as an employee full-time, part-time, on a fixed-term contract (mini-job) or from home. Your place of work can be in Germany or abroad, but your employment relationship must be in accordance with German labor law.
• live in the same household as your child.
• take care of and raise the child yourself.
• not work at all or at most 32 hours per week during parental leave.

• Written registration with your employer
• Birth certificate of the child, if applicable
• Acknowledgement of paternity, if applicable
• If applicable, consent of the custodial parent

There are no costs.

Supplement to the state of Brandenburg:

You must register your parental leave with your employer in writing, but informally, at least 7 weeks before it begins (for children older than 3 years: 13 weeks):

• When you register, you immediately determine how you will structure your parental leave for the next 2 years from the start of parental leave (flexibility for you, necessary planning security for the employer).
• If you, as a mother, take your parental leave immediately after the maternity leave period or immediately after a leave following the maternity protection period: Determination of the structure of parental leave only until the child reaches the age of 2.
• Your employer certifies that you have taken parental leave.
• Your employment relationship is suspended during parental leave.
• At the end of your parental leave, your employment will be continued.

Supplement to the state of Brandenburg:

Notice period

• You must notify your employer in writing of your parental leave at least 7 weeks (13 weeks for children older than 3 years) before it begins.

Duration

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

Protection against dismissal

• Your employer may not terminate you from the time you have registered parental leave, but no earlier than 8 weeks (for children older than 3 years: 14 weeks) before the start of parental leave and during parental leave.
• Only in special cases can a termination be declared permissible in exceptional cases.
• Your employee can only terminate the employment relationship at the end of parental leave with a notice period of 3 months.

Premature end

• If you become pregnant again during parental leave, you can terminate the registered parental leave prematurely in order to take advantage of the statutory maternity protection periods and the associated rights.
• You must inform your employer about this.
• Parental leave ends at the earliest when your notification has been received by your employer.

Your employer

• Parental allowance offices and supervisory authorities

• § Section 16 of the Federal Parental Allowance and Parental Leave Act (BEEG)

There are no clues or specifics.

Supplement to the state of Brandenburg:

• Your employer must certify that you have taken parental leave.

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

Attention:

If you are unable to return to work immediately after the end of parental leave (e.g. due to a lack of childcare), this is relevant for social security. Clarify in advance with your health insurance company whether you are covered by social security during this time.

• Information on parental leave on the family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)
• Brochure "Parental allowance and parental leave" on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)
• Service team of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on the family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)
• Parental allowance offices by zip code on the family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth(BMFSFJ)

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