Parental Leave Ruling Strengthens Worker Protection as German Labour Court Issues Fresh Guidance
27.06.2026 - 12:25:58 | boerse-global.de
Workers planning to take parental leave in multiple blocks have gained additional security after a recent decision by Germany’s Federal Labour Court (BAG) in Erfurt. The ruling, handed down on 18 June (case reference 2 AZR 213/25), clarifies that the statutory protection against dismissal begins anew for each separate period of parental leave, even when an employee has requested several blocks in a single written application. Dismissals issued shortly before the start of such a block are therefore invalid.
The court’s judgment closes a loophole that had left employees vulnerable if they requested multiple leave intervals at once. Protection now resets with each segment, giving workers a fresh shield each time they transition back into work after a block of time off.
In a separate decision released the following week, the BAG also addressed the standards for mass-dismissal notifications. On 25 June (case reference 6 AZR 7/26), the court ruled that minor inaccuracies in a notification filed with the Federal Employment Agency do not automatically render the dismissals void. As long as the core purpose of the notification – to alert the authorities in good time about impending job losses – is still served, slight deviations can be tolerated.
The case that prompted the ruling involved an employer who reported 34 planned dismissals but actually carried out only 31 or 32. The BAG held that the overstatement did not hinder the consultation process with the works council, which had been conducted correctly, and the dismissals remained effective. The plaintiff in that case now has to cover the legal costs. The ruling essentially confirmed a verdict from the Hamm Regional Labour Court from 6 November 2025.
However, the BAG drew a sharp line against serious procedural failures. In a decision already issued in April (case reference 6 AZR 157/22), the court made clear that a complete omission of the mass-dismissal notification makes any subsequent dismissal ineffective. The same applies when the notification is submitted before the consultation procedure with the works council has been concluded. There is no possibility of retrospective repair. This strict approach follows obligations laid down by the European Court of Justice. Errors in timing or the outright failure to notify are permanent obstacles to the validity of a dismissal.
Separately, the Berlin-Brandenburg Regional Labour Court confirmed in April that the works council of the airline Malta Air at Berlin Brandenburg Airport (BER) can continue to exercise co-determination rights for the time being. The BAG had already classified the site as a unit capable of having its own works council in May. That decision opens the door for employee representation at a low-cost carrier operating from the German capital.
