The basics: who is entitled to parental leave?
Both parents are entitled to parental leave (Elternzeit), regardless of their type of employment (§15 BEEG). The requirements are clearly defined. Up to three years per child can be taken until the child turns eight. The request must be submitted in writing seven weeks before the leave starts. Both parents can take the leave at the same time or one after the other. A digital HR management tool can help track deadlines automatically and process requests on time.
The biggest pitfalls and how to avoid them
A common problem is missing deadlines. If the employer does not respond to the parental leave request within four weeks, this can be treated as consent (§16 BEEG). So it is important to respond quickly and send written confirmation stating the end date.
Another risk is ignoring protection against dismissal. From the announcement of parental leave until the end of the leave, dismissal is prohibited (§18 BEEG), except when the business closes down. A dismissal during this period is invalid and can lead to claims for damages.
Calculating leave entitlement incorrectly can also cause problems. Annual leave is reduced by one twelfth for each full calendar month of parental leave (§17 BEEG). With one year of parental leave, the entire annual leave lapses. With six months, 50% of the entitlement remains. A digital system can help with these calculations.
Employees returning: how to make re-entry work
The return from parental leave should be planned carefully. Employees are entitled to their previous job or an equivalent one (§15 BEEG). Employees can also request reduced working hours if the company has more than 15 employees (§15 (5) BEEG). Digital working time models can help make individual return arrangements flexible.
Your obligations as an employer
It is important to check the parental allowance notice (Elterngeldbescheid) to document the correct length of parental leave. During parental leave, the obligation to pay wage tax and social security contributions lapses, except for part-time work. Employees on parental leave are also entitled to professional training (§17 BEEG).
Practical checklist for employers
To make sure everything runs smoothly, you should keep the following points in mind:
- Check the request: does it include the start date, duration and preferred allocation?
- Send written confirmation within four weeks.
- Recalculate the leave entitlement and communicate it in writing.
- Observe protection against dismissal, including during changes in the business.
- Hold a return meeting no later than six weeks before parental leave ends.
Conclusion
Parental leave does not have to be a mystery. With clear processes, digital documentation and legally sound templates, you can avoid mistakes while strengthening the bond with your employees. A well-handled parental leave is a legal duty. It is also a way to show real appreciation. Modern payroll solutions can help simplify administration and keep communication transparent, with no manual Excel lists.
Sources
Federal Parental Allowance and Parental Leave Act (BEEG)
Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: Parental leave and parental allowance
Federal Employment Agency: Parental leave, information for employers
German Pension Insurance: Parental leave and social security
