Parents in Germany Enjoy Near-Impenetrable Job Protection During Parental Leave – Only One Window for Employers
15.06.2026 - 02:22:44 | boerse-global.de
Even if an employee commits a serious breach of contract, their employer cannot legally dismiss them during parental leave. The shield is that robust.
“Neither ordinary nor extraordinary dismissal is fundamentally permitted during this period,” explains Johannes Schipp, a specialist lawyer at the German Bar Association (DAV). The employment relationship endures — no matter the infraction.
There is exactly one narrow crack for employers: a complete closure of the business. Yet even that does not give them free rein. The boss must first obtain permission from the relevant authority. Only with that official green light does the termination become valid. Otherwise, it is void.
A dismissal cannot be issued before the parental leave has officially ended.
Protection Starts Earlier Than Many Realise
The clock on job protection begins ticking weeks before the leave itself starts. The trigger depends on the child’s age:
- Children under three years: protection starts eight weeks before the planned leave.
- Children between three and eight years: protection begins 14 weeks in advance.
The twist: as soon as an employee announces their intention to take parental leave, the protection kicks in immediately. Employers cannot simply fire someone just before the leave was supposed to start, thereby preventing it. The shield lifts only on the final day of the approved leave period.
Maternity Protection Adds an Extra Layer
For expectant mothers, maternity leave (Mutterschutz) sits on top of the parental leave rules. It applies from the moment the pregnancy is reported to the employer and lasts until four months after the birth.
Financially, health insurers step in with a maximum maternity benefit of €13 per day. The employer then tops up the difference to the employee’s previous net salary.
Working hours are strictly capped during the protection periods: a maximum of 8.5 hours per day. Night work between 8 p.m. and 6 a.m. is forbidden. The standard protection window runs six weeks before the birth and eight weeks after. For premature births or multiple deliveries, the period after childbirth extends to twelve weeks.
