Termination during parental leave

Parental leave means protection, not uncertainty

Parental leave is intended to give you time for your child without having to worry about your job. That is precisely why there is special protection against dismissal during this phase. Nevertheless, it is worth knowing when this protection takes effect, how you can trigger it, and what to do if you are dismissed.

Important to note: You do not need your employer's consent to take parental leave. The entitlement is granted by law. The only important thing is that you notify your employer of your parental leave in writing and in good time – usually at least seven weeks before it begins. Only then will the protection take effect.

When does protection against dismissal apply?

The protection is based on the legal framework for parental leave and begins before the actual start date:

• Start: no earlier than 8 weeks before the start of parental leave
• For children aged 3 to 8: 14 weeks before the start
• End: on the last day of the parental leave you have registered

It does not matter whether you take a full break or work part-time: the special protection against dismissal remains in place.

What does this mean in practice?

Once your parental leave has been correctly registered, termination is generally excluded – both ordinary and extraordinary. Only in rare exceptional cases can this still happen. In such cases, however, it is mandatory to have

• a valid reason and
• prior approval from the relevant supervisory authority

Without this approval, termination is not legally effective – even if it sounds "official" or looks neat on letterhead.

Special case: Pregnancy

If you are pregnant, you are entitled to additional protection against dismissal in addition to parental leave protection. This applies from the moment the pregnancy is known or has been communicated. This applies regardless of whether parental leave is already in progress or is only planned.

You can find out more about this in our article on termination during pregnancy .

Part-time work during parental leave: protection remains protection

You are allowed to work part-time during parental leave without losing your special protection against dismissal. The current rules are:

• up to 32 hours per week (for children born on or after September 1, 2021)
• up to 30 hours per week (for earlier birth dates)

It is particularly important that the scope and period are agreed with the employer and, ideally, documented in writing. When is termination possible in exceptional cases?

When is termination possible in exceptional cases?

The principle is clear: termination during parental leave is only possible with official approval. This is not granted "automatically," but only in rare, well-founded cases.

Termination only with official approval

Whether for operational reasons or without notice: without the prior consent of the competent authority, the termination is ineffective.

Typical exceptional circumstances

Official approval may be considered if, for example:

• the business is shut down or insolvent
• serious misconduct can be proven (e.g., theft)
• continued employment would seriously jeopardize the economic existence of the company

Crucially, the employer must provide concrete evidence of this, not just make assertions. If this evidence is lacking, the matter will usually fail at the approval stage.

Resignation: If you want to leave of your own accord

You can also terminate the employment relationship yourself. A special notice period applies in this case:

• Notice period: three months to the end of your registered parental leave

This gives both sides planning security – either for your return to work or for an orderly farewell.

If you are still dismissed: How to respond correctly

Even if the termination is "actually" not permissible, it is crucial that you respond in a timely manner.

Your course of action:

• Record the date of receipt – when exactly did you receive the letter?
• File a lawsuit with the labor court within three weeks
• Secure documents—parental leave application, correspondence, termination letter
• Seek legal advice at an early stage – the sooner, the better

If the three-week deadline is missed, even an unlawful termination is often considered valid. This deadline is therefore the most important lever for securing your rights.

Money and insurance: What changes?

When you are dismissed during parental leave, questions often arise about the financial implications. Here are the most important points:

• Parental allowance generally continues – regardless of whether the employment relationship continues or ends.
• Health insurance remains covered depending on the situation (e.g., family insurance, voluntary statutory insurance, or other status regulations).
• Unemployment benefits may become relevant after the end of the employment relationship, depending on the requirements and your status.

This is where it is often worth taking a closer look at your individual situation: parental allowance, part-time work, insurance status, and transitions should be carefully examined.