Three out of four parental leave applications contain formal errors that jeopardize dismissal protection or lead to postponed start dates. The reason: Companies systematically underestimate the legal requirements regarding deadlines, binding periods, and part-time regulations. Since May 1, 2025, a fundamental change in the application process has also taken effect 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 workforce planning at the same time.
What is parental leave and who is entitled?
Parental leave is a legally established right to unpaid leave from work for the care and upbringing of a child. The key difference from maternity protection: While maternity protection only covers mothers before and after birth, parental leave is available to both parents and only begins after the maternity protection period ends.
Legal foundations under BEEG
The Federal Parental Allowance and Parental Leave Act precisely regulates the entitlement: Employees are entitled to parental leave until the child's third birthday, provided they live in the same household as the child and personally care for and raise the child. The law makes no distinction between full-time and part-time employees. Even apprentices, marginal employees, and staff in fixed-term contracts have this entitlement.
Distinction from parental allowance
Parental leave and parental allowance are frequently confused. While parental leave is unpaid leave from the employer, parental allowance is a government benefit that partially replaces the lost income. Taking parental leave is fundamentally independent of receiving parental allowance. Companies should advise their employees that parental allowance must be applied for separately at the responsible parental allowance office, not through the employer.
Simultaneous parental leave for both parents
The BEEG allows both parents to take parental leave simultaneously. This flexibility requires forward-looking workforce planning from companies, especially when both parents are employed at the same company. The parental leave rate shows clear differences: In 2024, 23.5% of employed mothers with a youngest child under 6 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 maternity protection period after birth is counted toward the mother's parental leave. For multiple children, the entitlement exists separately for each child, even if the periods overlap. This regulation allows, for example, continuous parental leave of up to five years with two children born two years apart.
Transfer to the period between the 3rd and 8th birthday
A frequently underestimated planning tool: Up to 24 months of parental leave can be taken between the child's third birthday and the completion of the eighth year. This flexibility is particularly relevant when families want to accompany school enrollment or daycare settling-in. For companies, this means that parental leave applications can still be submitted years after the birth.
Division into multiple time periods
Parental leave can be divided into up to three time periods. A fourth or additional period requires the employer's consent. This regulation serves to balance interests: Employees receive flexibility while employers can plan reliably. The practical consequence: When first registering, employees should already consider whether they want to take additional periods later.
Applying for parental leave: Deadlines, format, and binding period
Deadlines at a glance: When must the application reach the employer?
The registration deadline is one of the most common sources of errors. What matters is not the date of sending but the date of receipt by the employer. The following table shows the different deadlines depending on the child's age:
If the deadline is missed, the start of parental leave is automatically postponed to the proper date. Special dismissal protection begins one week after the registration deadline, respectively. Employees should take this time gap into account when planning.
The binding period: What must be definitively specified?
When first registering, employees must bindingly specify which periods within the first two years of life they wish to take parental leave. This commitment is non-negotiable. A typical mistake: Parents register for only 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. For periods after the second birthday, this binding commitment does not apply, allowing for more flexible planning.
Game-changer since May 1, 2025: Text form instead of written form
One of the most significant changes in the Bureaucracy Relief Act IV: Since May 1, 2025, text form pursuant to Section 126b of the German Civil Code is sufficient for parental leave applications. In concrete terms, this means: A simple email without a signature is legally valid. This applies to all children born on or after May 1, 2025. The practical consequence for employers: Special dismissal protection under Section 18 BEEG takes effect as soon as the email is received. Companies can no longer rely on the absence of written form.
Parental leave application: Content, templates, and verifiable delivery
Mandatory information for legally secure applications
A valid parental leave application must contain the following information: Start and end of the requested parental leave with specific dates, the binding specification for the commitment period of the first two years, and an explicit request for written confirmation. For fathers or the non-birthing parent, the expected due date should be stated if parental leave is to begin at birth.
Best practice: Verifiable delivery
Although an email has been sufficient since May 2025, verifiable delivery is recommended for both parties. Options include: Handover against receipt confirmation, registered letter with proof of posting, or email with read receipt. The final days before the deadline are particularly critical. A case from legal precedent illustrates the consequences: A father lost his dismissal protection because his parental leave application reached the HR department only a few minutes after the dismissal was issued, even though the letter was already in the building.
Sample wording for parental leave applications
Dear Sir or Madam,
I hereby formally register parental leave for my child [Name], expected due date [Date].
I will take parental leave for the period from [Date] to [Date]. This corresponds to a duration of [X months/years].
In accordance with Section 16(1) BEEG, I hereby bindingly declare that I will take the following period during the first two years of life: [exact period specification].
I kindly request written confirmation of the parental leave as well as a certificate for the parental allowance office.
Yours sincerely
[Name]
Splitting parental leave: Models for mother and father
Classic splitting models: 12/2, 7/7, or staggered
The division of parental leave between both parents follows different models. The 12/2 model provides for one parent to take twelve months and the other two months. This often corresponds to the partner months regulation for parental allowance. The 7/7 model divides the first 14 months equally. Staggered models are becoming increasingly popular, where the second parent goes on parental leave only after the first returns. This optimizes family care while simultaneously minimizing staff absences for the company.
Simultaneous parental leave: Opportunities and challenges
Both parents can take parental leave simultaneously. Statistics show: 42.3% of mothers and 20.6% of fathers planned to use ElterngeldPlus at least partially in 2024, which is often combined with part-time work during parental leave. For companies, simultaneous parental leave of both parents employed in the same company means a double burden in workforce planning. Early communication and cover arrangements are essential here.
Decision criteria: Childcare, career, and team planning
The optimal division depends on several factors: The child's care needs, the career plans of both parents, the financial situation (parental allowance, ElterngeldPlus, partnership bonus), and the operational situation. A working time account can help organize flexible return models and enable gradual reintegration on an hourly basis even during parental leave.
Parental leave for fathers: Planning and communication in the company
Fathers in numbers: Status quo 2024
The father's share of parental allowance was 25.8% in 2024 and has thus declined slightly for the first time in years. The average planned benefit period for fathers was 3.8 months, while mothers planned an average of 14.8 months. Regional differences are considerable: Saxony leads with a 29.6% father's share, while Saarland brings up the rear at 20.5%.
Challenges in team organization
When fathers take parental leave, companies face specific challenges: The parental leave is often shorter, but the handover must still be thorough. Projects must be planned so that critical phases do not fall during the absence. The substitute must be ready to step in at short notice, as parental leave can begin with the birth, which cannot be precisely planned.
Communication guide for fathers: How to successfully approach the conversation with your manager
Fathers should approach the conversation with their manager in a structured and proactive manner. The following steps have proven effective in practice:
Inform early: Seek an initial conversation as soon as the pregnancy is known, not just shortly before the legal deadline
Propose specific timeframes: Not just "I want to take parental leave," but precise information about duration and timing
Signal flexibility: Show willingness to accommodate operational needs regarding the exact arrangement (start date, splitting), as far as legally possible
Proactively develop handover plans: Do not wait for the manager to ask, but work out and offer a detailed handover plan yourself
Clarify availability: Communicate whether and to what extent you want to be reachable for critical issues (not an obligation, but often appreciated)
Address return planning: Already before starting parental leave, discuss what the reintegration should look like and which projects are coming up afterward
This structured approach reduces uncertainties on both sides and enables better workforce planning within the team.
Parental leave salary: What happens to income?
Clarification: Parental leave is fundamentally unpaid
During parental leave, the employment relationship is suspended, and salary ceases entirely. This is the fundamental difference from maternity protection, where mothers receive maternity pay and an employer supplement. Employers are not obligated to pay salary during parental leave. Exception: If part-time work is agreed upon during parental leave, the employee receives the corresponding pro-rated salary.
Parental allowance as a government benefit
Parental allowance replaces 65 to 67 percent of the average net income from the last twelve months before birth, with a minimum of EUR 300 and a maximum of EUR 1,800 per month. For births from April 2025 onward: Couples and single parents with a taxable income exceeding EUR 175,000 are no longer entitled to parental allowance. This income threshold was reduced from the previous EUR 200,000.
Social insurance during parental leave
During parental leave without part-time employment, there is generally no employment relationship subject to social insurance 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 credited as child-rearing periods. For part-time work during parental leave, normal social insurance regulations apply proportionally.
Part-time during parental leave: Hours, deadlines, and grounds for rejection
Maximum 32 hours per week as a monthly average
One of the most important and often misunderstood regulations: During parental leave, employees may work a maximum of 32 hours per week averaged over the month. Not 32 hours per week, but as a monthly average. This enables flexible working time models, such as four days full-time or five days with shorter working hours. Important: This limit is absolute. Anyone who works more loses their parental allowance entitlement 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 staff, they have been employed at the company for at least six months, and the desired working time is between 15 and 32 hours per week. The registration deadlines match those of parental leave: seven weeks for children up to three years, 13 weeks for older children. Text form also applies to part-time applications since May 2025.
Grounds for employer rejection
The employer can only reject the part-time application for urgent operational reasons. These must be communicated in writing within four weeks (for children up to three years) or eight weeks (for older children). A blanket rejection due to lack of employment opportunities is insufficient. Employers must specifically demonstrate why the desired working time arrangement is organizationally unfeasible. If the employer misses the deadline or does not reject in proper form, the application is deemed approved.
Two reduction claims per parent
During the entire parental leave, each parent can claim a reduction in working hours twice. This enables flexible adjustments, for example if daycare settling-in takes longer or the family situation changes. For companies, this means that further change requests may come even during ongoing part-time work in parental leave.
Extending parental leave: Consent or entitlement?
Extension within the first two years
If a shorter period was specified at the first registration than originally planned, an extension within the binding period (first two years) is only possible with the employer's consent. This is one of the most common planning errors: Parents register for twelve months but later realize they need two years. The employer can consent but is not obligated to. For companies, this regulation provides planning certainty, but should be handled accommodatingly on a case-by-case basis.
Additional time period after the second birthday
If no parental leave has been specified for the period after the second birthday, it can be claimed by observing the registration deadline (seven weeks). Here there is an entitlement, not a consent requirement. The employer cannot reject this time period as long as it is the second period. Only from the third period onward, and only if it falls entirely between the third and eighth birthday, does a right of rejection exist for urgent operational reasons.
Typical occasions for extension requests
Daycare settling-in takes longer than planned or a childcare spot is not available in time. Illness of the child or a special care situation develops. Another child is born during ongoing parental leave. The professional situation changes, making a longer break more attractive. For a detailed overview of extension options and legal framework conditions, specialized consulting is recommended.
Return and reintegration after parental leave
Legal framework for the return
After the end of parental leave, employees are fundamentally entitled to return to their contractual working conditions. This means: Return to the contractually agreed working hours, not necessarily to the exact same position, but to an equivalent position with corresponding compensation. The employer may not make the return contingent on agreement to changed working conditions. Attempts to continue employing staff only part-time or with different tasks after parental leave are legally problematic.
Optimal timing for return conversations
Best practice is a structured conversation approximately 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 deployment. Training needs after the extended absence. Options for part-time after parental leave (separate application required). Prospects and career planning. For a successful reintegration after parental leave, mutual openness is crucial.
Part-time after parental leave: A separate entitlement
Anyone wishing to work part-time permanently after parental leave must apply separately under the Part-Time and Fixed-Term Employment Act. This is an independent entitlement that is not linked to parental leave. The requirements: Companies with more than 15 employees, at least six months of company tenure, application at least three months before the desired start date. The employer can only reject for operational reasons and must communicate 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 key success factors: Early communication between employee and employer, at least three months before the planned start. Exact adherence to deadlines (seven or 13 weeks) and verifiable delivery of the application. Carefully considered specification of the binding period for the first two years. Clear regulations for part-time during parental leave with concrete working time models. Structured handover and substitute planning within the team. Regular exchange during parental leave about developments in the company. Timely preparation for reintegration.
For companies, professional parental leave management pays off in multiple ways: Legal certainty through correct processes, lower turnover through appreciative HR management, better employer reputation among skilled professionals with family plans, and optimized resource planning through transparent processes. With digital tools like ZEP, absences can be systematically recorded, substitute arrangements documented, and return dates automatically monitored, ensuring no deadline is missed and all parties maintain an overview.
Frequently Asked Questions
Since 2025, is a simple email really sufficient for the parental leave application, or do I need a signature?
Yes, since May 1, 2025, text form pursuant to Section 126b of the German Civil Code is sufficient for all children born on or after this date. A simple email without a signature is legally valid. Important: Special dismissal protection takes effect as soon as the email is received by the employer. Nevertheless, a read receipt or delivery confirmation is recommended to prove receipt. For children born before May 1, 2025, the old regulation requiring a handwritten signature still applies.
I want to take 6 months of parental leave first, then work, and later take another 12 months. Do I have to specify all of this when first registering?
No, only partially. When first registering, you must bindingly specify which periods you will take within the first two years of life. In your case: You must concretely specify the first 6 months. The later 12 months can be planned flexibly if they fall after the second birthday. Tip: State in your application: "For the first two years of life, I will take parental leave from [Date] to [Date]." Periods from the second birthday onward can be registered later with 7 weeks' notice, without the employer's consent.
Can I work 4 days per week full-time during parental leave, or only with reduced hours?
Yes, 4 days full-time is possible. The 32 weekly hours limit applies as a monthly average, not per week. So you can, for example, work 4 days at 8 hours (32 hrs/week) or more flexible models such as 3 weeks at 35 hours and 1 week at 23 hours (average: 32 hrs). Important: If you exceed this limit, you lose your parental allowance entitlement for the affected months. The part-time application must be submitted to the employer 7 weeks before the start and can be in text form (email).
Can my partner and I take parental leave at the same time, even if we both work at the same company?
Yes, the BEEG explicitly permits simultaneous parental leave for both parents. The employer cannot prohibit this, even if both are employed at the same company. The only restriction: Since April 2024, both parents can no longer simultaneously receive basic parental allowance (exception: in the first month of life). When planning simultaneous parental leave at the same company, arrange substitute coverage early, ideally 4-6 months in advance, to secure operational processes.
Daycare settling-in is not going as planned. Can I extend my parental leave at short notice, or do I need the employer's consent?
That depends on when your original parental leave ends. If you specified a shorter period for the first two years of life at the initial registration, you need the employer's consent for an extension within these two years. They can consent but are not obligated to. It is different for extensions after the second birthday: Here you have an entitlement if you register this as a second time period with 7 weeks' notice. Practical tip: Communicate extension wishes as early as possible and offer pragmatic solutions such as a gradual part-time reentry with stepwise increases.
What special rules apply to parental leave from my child's 3rd birthday, and how far in advance must I register it?
Three important particularities apply to parental leave between the 3rd and 8th birthday: The registration deadline is 13 weeks (instead of 7 weeks), dismissal protection begins 14 weeks before the start (instead of 8 weeks), and the employer can reject a third time period that falls exclusively within this timeframe for urgent operational reasons within 8 weeks. A maximum of 24 months can be transferred to this period. Practical example: You take 16 months of parental leave after the birth. The remaining 20 months can be flexibly divided between the 3rd and 8th birthday, for example to accompany school enrollment.