Three out of four parental leave applications contain formal errors that jeopardize protection against dismissal or lead to postponed start dates. The reason: Companies systematically underestimate the legal requirements for deadlines, commitment periods and part-time arrangements. Since May 1, 2025 There is also a fundamental change in the application process that many HR departments are not yet aware of. This article shows how to organize parental leave in a legally secure manner, avoid costly delays and optimize personnel planning at the same time.
What is parental leave and who is eligible?
Parental leave is a legally enshrined right to unpaid leave from work to care for and raise a child. The decisive difference to maternity leave: While maternity leave only protects mothers before and after childbirth, parental leave is available to both parents and only begins after the maternity leave period.
Legal basis in accordance with BEEG
that Federal Parental Allowance and Parental Leave Act regulates the claim precisely: Employees are entitled to parental leave until the child reaches the age of three, provided that they live with the child in a household, care for and educate the child themselves. The law makes no distinction between full-time and part-time employees. Even trainees, minor employees and fixed-term employees have this claim.
Difference from parental allowance
Parental leave and parental allowance are often confused. While parental leave is an unpaid leave from the employer, the parental allowance represents a state benefit that partially replaces the lost income. In principle, it is possible to take parental leave regardless of the receipt of parental allowance. Companies should inform their employees that parental allowance must be applied for separately from the competent parental allowance office and not from the employer.
Joint parental leave for both parents
The BEEG allows both parents to go on parental leave at the same time. This flexibility requires companies to plan ahead of time, particularly when both parents work in the same company. Die Parental leave rate shows significant differences: In 2024, 23.5% of working mothers with the youngest child under 6 years of age were on parental leave, while only 1.8% of fathers used this option.
Parental leave duration: How long can you take parental leave?
Principle: Up to three years per child
Employees can take up to three years of parental leave for each child. The period of maternity leave after birth is credited to the mother's parental leave. If there are several children, each child is entitled separately, even if the periods overlap. For example, this regulation allows continuous parental leave of up to five years for two children at intervals of two years.
Transfer to a period between 3rd and 8th birthday
A planning tool that is often underrated: Up to 24 months of parental leave can be taken between the child's third birthday and the child's eighth year of age. This flexibility is particularly relevant if families want to support school enrollment or acclimatization to daycare. For companies, this means that parental leave applications can still be received even years after the birth.
Division into several time periods
Parental leave can be divided into up to three periods of time. The consent of the employer is required for a fourth or further period of time. This regulation serves to balance interests: Employees are given flexibility, while employers can plan reliably. The practical consequence: When registering for the first time, employees should consider whether they would like to take advantage of further periods of time later.
Applying for parental leave: deadlines, form and commitment period
Overview of deadlines: When must the application be submitted to the employer?
Die Enrollment deadline is one of the most common sources of error. It is not the date of dispatch that is decisive, but receipt by the employer. The table below shows the different deadlines depending on the age of the child:
If the deadline is missed, the start of parental leave is automatically postponed until the due date. The special protection against dismissal starts one week after the registration deadline. Employees should take this time gap into account when planning.
The commitment period: What must be made binding?
When registering for the first time, employees must make a binding determination of the periods for which they wish to take parental leave within the first two years of life. This commitment is not negotiable. A typical mistake: Parents only register one year of parental leave, even though they are actually planning two years. A later extension is then only possible with the employer's consent. This commitment does not apply for periods after the second birthday; planning can be carried out more flexibly here.
Game changer since May 1, 2025: text form instead of written form
One of the most significant changes in Bureaucracy Relief Act IV: Since May 1, 2025, the text form in accordance with Section 126b BGB has been sufficient for parental leave applications. In concrete terms, this means that a simple e-mail without a signature is legally effective. This applies to all children born after May 1, 2025. The practical consequence for employers: The special protection against dismissal in accordance with Section 18 BEEG applies as soon as the email is received. Companies can no longer rely on a missing written form.
Parental leave application: content, samples and verifiable delivery
Mandatory information for legally secure applications
An effective parental leave application must contain the following information: the start and end of the requested parental leave with specific dates, the binding stipulation for the commitment period of the first two years and an express request for written confirmation. In the case of fathers or the parent who is not giving birth, the expected date of delivery should be stated if parental leave is to start from birth.
Best practice: verifiable delivery
Although an email has been sufficient since May 2025, verifiable delivery is recommended for both parties. Options are: handover against confirmation of receipt, registered post or email with confirmation of reading. The last few days before the deadline expires are particularly critical. A case from case law shows the consequences: A father lost his protection against dismissal because his parental leave application reached the HR department just a few minutes after the dismissal was given, even though the letter was already in the house.
Sample wording for parental leave applications
Dear ladies and gentlemen,
I hereby register mandatory parental leave for my child [name], expected due date [date].
I am taking parental leave from [date] to [date]. This corresponds to a duration of [X months/years].
In accordance with Section 16 (1) BEEG, I make a binding declaration that I will use the following period of time for the first two years of life: [exact period of time].
I ask for written confirmation of parental leave and for a certificate to be sent to the parental allowance office.
sincerely
[name]
Sharing parental leave: models for mother and father
Classic distribution models: 12/2, 7/7 or offset
Parental leave between both parents is divided according to different models. The 12/2 model requires one parent to take twelve months and the other two months. This often complies with the partner month regulation for parental allowance. The 7/7 model divides the first 14 months evenly. Postponed models are increasingly popular, in which the second parent only goes on parental leave after the first has returned. This optimizes family care and at the same time minimizes operational staff absences.
Simultaneous parental leave: opportunities and challenges
Both parents can go on parental leave at the same time. Statistically, it is shown that: 42.3% of mothers and 20.6% of fathers In 2024, they planned at least a percentage of Parental Allowance Plus, which is often combined with part-time work during parental leave. For companies, simultaneous parental leave for both parents working in the company means a double burden in personnel planning. Early communication and representation arrangements are essential here.
Decision criteria: Support, career and team planning
The optimal distribution depends on several factors: the child's care needs, the career plans of both parents, the financial situation (parental allowance, parental allowance plus, partnership bonus) and the operational situation. A working time account can help to organise flexible return models and to enable training by the hour during parental leave.
Parental leave father: planning and communication in the company
Fathers in figures: Status quo 2024
Die Fatherhood rate for parental allowance stood at 25.8% in 2024 and is therefore down slightly for the first time in years. The average planned period for fathers was 3.8 months, while mothers planned an average of 14.8 months. There are significant regional differences: Saxony is leading with 29.6% of fathers, while Saarland is at the bottom with 20.5%.
Team organization challenges
When fathers take parental leave, companies face specific challenges: Parental leave is often shorter, but the handover must still be completed in full. Projects must be planned in such a way that critical phases do not fall into absence. The substitute must be ready to step in at short notice, as parental leave can begin with the birth, which cannot be planned exactly.
Communication guide for fathers: This is how the conversation with the manager is successful
Fathers should approach the conversation with the manager in a structured and proactive manner. The following steps have proven effective in practice:
- Inform early: Seek an initial consultation as soon as you become aware of your pregnancy, not just before the legal deadline
- Suggest specific periods of time: Not only “I would like to take parental leave”, but also provide precise information about the duration and time
- Signal flexibility: Demonstrate willingness to address operational concerns in the detailed design (start, division), as far as legally possible
- Proactively develop handover plans: Don't wait until the manager asks, but prepare and offer a detailed handover plan himself
- Clarify accessibility: Communicate whether and to what extent you want to be available on critical issues (not mandatory, but often desired)
- Address return planning: Even before the start of parental leave, address what the return to work should look like and what projects are pending afterwards
This structured approach reduces uncertainty on both sides and enables better personnel planning within the team.
Parental leave salary: What happens to income?
Clarification: Parental leave is generally unpaid
During parental leave, the employment contract is suspended and the salary is completely waived. This is the fundamental difference to maternity leave, where mothers receive maternity benefits and an employer subsidy. Employers are not required to pay salaries during parental leave. Exception: If part-time is agreed during parental leave, the employee receives the corresponding pro rata salary.
Parental allowance as a state benefit
The parental allowance replaces 65 to 67 percent of the average net income of the last twelve months before birth, but at least 300 euros and a maximum of 1,800 euros per month. For births from April 2025, the following applies: couples and single parents with a taxable Income over 175,000 euros are no longer entitled to parental allowance. This income limit was reduced from the previous 200,000 euros.
Social security during parental leave
During parental leave without part-time employment, there is generally no employment relationship subject to social security contributions. Health insurance continues through the partner's family insurance or as voluntary insurance. Pension insurance: When receiving parental allowance, pension insurance contributions are paid, which are counted as child-rearing periods. In the case of part-time work during parental leave, normal social security rules apply proportionally.
Part-time on parental leave: hours, deadlines and reasons for refusal
Maximum 32 hours per week on average
One of the most important and often misunderstood regulations: During parental leave, employees may not exceed 32 hours per week on average per month work. Not 32 hours a week, but on a monthly average. This enables flexible working time models, around four days full time or five days with shorter working days. Important: This limit is absolute. Anyone who works more loses the parental allowance claim for the corresponding months.
Eligibility requirements and deadlines
Employees are entitled to part-time work during parental leave if the company employs more than 15 people, they have worked in the company for at least six months and the desired working time is between 15 and 32 hours per week. The registration deadlines are the same as for parental leave: seven weeks for children up to three years of age, 13 weeks for older children. Since May 2025, the text form has also been in force for part-time applications.
Employer's reasons for rejection
The employer can only reject the part-time application for urgent operational reasons. These must be reported in writing within four weeks (for children up to three years) or eight weeks (for older children). A blanket rejection due to a lack of employment opportunities is not enough. Employers must explain in detail why the desired distribution of working time cannot be implemented from an organizational point of view. If the employer misses the deadline or does not reject it in due form, the application is considered approved.
Two reductions per parent
During the entire parental leave, each parent can claim a reduction in working hours twice. This allows flexible adjustments, for example when it takes longer to acclimatize to daycare or if the family situation changes. For companies, this means that further requests for changes may be made even during ongoing part-time parental leave.
Extending parental leave: consent or entitlement?
Extension within the first two years
If a shorter period was set for the first registration than originally planned, an extension within the commitment period (first two years) is only possible with the employer's consent. This is one of the most common planning mistakes: Parents register twelve months later but realize that they need two years. The employer can agree, but doesn't have to. For companies, this regulation provides planning security, but should be handled in an accommodating men in individual cases.
Another period of time after the second birthday
If no parental leave has been set for the period after the second birthday, this can be claimed subject to the registration deadline (seven weeks). There is a claim here, not a consent requirement. The employer cannot refuse this period as long as it is the second period. Only from the third period of time and only if this is completely between the third and eighth birthday, is there a right of refusal for urgent operational reasons.
Typical reasons for extension requests
Getting used to daycare takes longer than planned or childcare is not available in time. The Child's Illness or Special Care Situation Develops. Another child is born during ongoing parental leave. Professional situation is changing and making longer breaks more attractive. For a detailed overview of Renewal options and legal framework conditions, specialized advice is recommended.
Returning and returning to work after parental leave
The legal framework for return
After the end of parental leave, employees are generally entitled to return to the contractual working conditions. This means: a return to the contractually agreed working time, not necessarily to the exact same job, but to an equivalent job with corresponding remuneration. The employer must not make the return dependent on consent to changed working conditions. Attempts to continue employing employees only on a part-time basis or with other tasks after parental leave are legally problematic.
Optimum time for return calls
Best practice is a structured discussion about three months before the end of parental leave. Topics should include: Specific return date and any desired adjustments. Current project situation and possible areas of application. Need for further education after a long absence. Options for part-time work after parental leave (separate application required). Prospects and career planning. For a successful Returning to work after parental leave Mutual openness is crucial.
Part-time after parental leave: A separate claim
Anyone wishing to work permanently part-time after parental leave must apply for this separately under the Part-Time and Fixed-Term Employment Act. This is an independent claim that is not linked to parental leave. The Requirements: Companies with more than 15 employees, at least six months of service, application submitted at least three months before the desired start date. The employer can only refuse for operational reasons and must notify this in writing one month before the desired start date.
Conclusion: Systematic planning creates legal certainty
Parental leave requires precise planning on both sides. The most important success factors: Early communication between employee and employer, at least three months before the planned start. Exact compliance with the deadlines (seven or 13 weeks) and verifiable delivery of the application. Well-thought-out definition of the commitment period for the first two years. Clear regulations for part-time work during parental leave with specific working time models. Structured handover and representative planning within the team. Regular exchange during parental leave about developments in the company. Timely preparation for the return to work.
Professional parental leave management pays off in several ways for companies: legal certainty through correct processes, lower fluctuation through respectful personnel management, improved employer reputation among specialists with family wishes and optimized resource planning through transparent processes. With digital tools such as ZEP, absences can be systematically recorded, substitution regulations documented and return appointments automatically monitored so that no deadline is missed and everyone involved can keep track of everything.
FAQs
Since 2025, is a simple e-mail really enough for the parental leave application or do I need a signature?
Yes, since May 1, 2025, the text form in accordance with Section 126b BGB has been sufficient for all children born after this date. A simple email without a signature is legally effective. Important: The special protection against dismissal takes effect as soon as the employer receives the e-mail. Nevertheless, a reading receipt or confirmation of receipt is recommended in order to be able to prove receipt. For children born before May 1, 2025, the old regulation signed by hand continues to apply.
I want to take 6 months of parental leave first, then work and then another 12 months later. Do I have to set all of this when I log on for the first time?
No, only partially. When you register for the first time, you must determine which periods you will take within the first two years of life. In your case: You must specify the first 6 months specifically. You can flexibly plan the later 12 months if they are after your second birthday. Tip: In the application, state: “For the first two years of life, I take parental leave from [date] to [date].” You can register periods from the second birthday later, 7 weeks in advance, without the consent of the employer.
Can I work full time 4 days a week during parental leave or only reduced hours?
Yes, 4 days full time are possible. The limit of 32 hours per week applies on average, not per week. For example, you can work 4 days of 8 hours (32 hours per week) or more flexible models such as 3 weeks of 35 hours and 1 week of 23 hours (average: 32 hours). Important: If you exceed this limit, you lose your parental allowance claim for the months concerned. The part-time application must be submitted to the employer 7 weeks before the start and can be submitted in writing (e-mail).
Can my partner and I take parental leave at the same time, even if we both work for the same company?
Yes, the BEEG expressly allows both parents to have parental leave at the same time. The employer cannot prohibit this, even if both are employed in the same company. The only restriction: Since April 2024, both can no longer receive basic parental allowance at the same time (exception: in the first month of life). While taking parental leave in the same company, plan representation arrangements early on, ideally 4-6 months in advance, to ensure operational processes.
Getting used to daycare doesn't work out as planned. Can I extend my parental leave at short notice or do I need the employer's approval?
It depends on when your original parental leave ends. If you set a shorter period for the first two years of life when registering for the first time, you need the employer's consent to extend it within these two years. He can, but doesn't have to agree. This is not the case with an extension after the second birthday: Here you are entitled if you register this as a second period of time with 7 weeks in advance. Practical tip: Communicate renewal requests as early as possible and offer pragmatic solutions such as returning to work part-time with a gradual increase.
What are the special rules for parental leave from my child's 3rd birthday and how long in advance do I have to register them?
There are three important special features for parental leave between the 3rd and 8th birthday: The registration period is 13 weeks (instead of 7 weeks), protection against dismissal starts 14 weeks before the start (instead of 8 weeks) and the employer can reject a third period, which is exclusively within this period, within 8 weeks for urgent operational reasons. A maximum of 24 months can be carried over into this period. Practical example: You take 16 months of parental leave after giving birth. You can flexibly divide the remaining 20 months between your 3rd and 8th birthday, for example to accompany school enrollment.
