German Court Rules Each Parental Leave Block Brings Its Own Dismissal Protection
19.06.2026 - 21:31:49 | boerse-global.de
A father who had staggered his parental leave into four separate periods won his unfair dismissal case before Germany's highest labor court, in a decision that tightens protections for employees planning multiple time-off blocks. The Bundesarbeitsgericht (BAG) in Erfurt ruled on June 18, 2026, that the special dismissal protection under the Federal Parental Allowance and Parental Leave Act (BEEG) takes effect anew before each planned segment, even when all blocks are filed in a single application.
The ruling (case number 2 AZR 213/25) stems from a father hired in July 2024. He requested four parental-leave blocks running from July 2024 through July 2027. On October 9, 2024 – exactly seven weeks before his second scheduled gap was to begin – his employer fired him. The BAG found the termination invalid, because the eight-week pre-block protective window had already opened.
Under §18(1) BEEG, dismissal protection begins at the moment parental leave is demanded, but no earlier than eight weeks before the start of a given block. With the father's second block due to start on November 11, 2024, the protective period started in early October, making the October 9 sacking unlawful.
The BAG stressed a critical point: this special protection applies regardless of the general waiting period under Germany's Dismissal Protection Act (KSchG). Even during the first six months of employment – when the KSchG's usual safeguards do not yet apply – the BEEG's dismissal shield is fully active.
This ruling underscores how closely regulators are watching employer compliance. Just as German firms must respect parental leave protections, UK employers face serious legal and financial risks if they overlook their health & safety duties. A free online toolkit provides practical risk assessments, checklists, and templates to help you stay compliant with the Health and Safety at Work Act. Download the free Health & Safety Toolkit
The court argued that the statute's purpose is to prevent discrimination against parents using leave. If a single, multi-block request only triggered protection once, the system would be easily circumvented by employers timing dismissals during gaps between blocks. The ruling upheld earlier decisions by the Arbeitsgericht Münster (March 28, 2025) and the Landesarbeitsgericht Hamm (November 5, 2025).
When pre-block dismissal protection is in effect, an employer can only terminate employment with approval from the highest state labor authority. That permission was never sought – or given – in the father's case, making the dismissal void under §134 of the German Civil Code (BGB).
For employers, the takeaway is sharp: before issuing a termination notice, they must check whether any already-requested future parental leave block has opened a new protective window. That check is necessary even when a worker is currently back on the job between two leave phases. A failure to spot the renewed protection renders the dismissal null and exposes the employer to reinstatement claims.
