Parental Leave (Elternzeit) Entitlements for Working Widowed Mothers in Germany
How are rights calculated when the husband has died – and can Elternzeit be combined with Witwenrente and Elterngeld?
When a working mother loses her husband and becomes solely responsible for raising the child, grief and emotional stress are often accompanied by complex legal and financial questions. One of the most pressing questions is:
Does a widowed mother still retain her rights to parental leave (Elternzeit)? And can she combine this with Elterngeld and widow’s pension (Witwenrente)?
From a legal perspective, the answer is yes, provided that certain specific conditions are met.
Elternzeit is an unpaid leave from work granted to mothers or fathers so they can care for their child after birth. During Elternzeit, the employment relationship continues, and the employee enjoys protection against unfair dismissal.
Duration:
up to 3 years per child,
with up to 24 months being transferable to the period after the child’s third birthday.
It can be taken:
as one continuous block, or
split into several periods.
Yes, in full, if she:
is employed under a fixed-term or permanent employment contract, and
is solely responsible for caring for the child after the husband’s death.
It is not a requirement that the father is alive in order to claim Elternzeit.
It is sufficient that:
the child was born in Germany, or
the mother holds a valid residence and work permit in Germany.
Elterngeld is a monthly financial benefit paid during Elternzeit to compensate, at least in part, for the loss of income due to childcare.
It is calculated based on the net income before birth, typically 65–100% of that income.
It is paid for 12 months,
or 14 months if both parents share the leave.
In the case of a widowed mother, she can generally use the full entitlement period on her own, if all other conditions are met.
If the widowed mother receives a widow’s pension (Witwenrente) from the German statutory pension insurance (Deutsche Rentenversicherung) due to her husband’s death, this does not automatically exclude entitlement to Elterngeld.
However:
Part of the widow’s pension is treated as additional income,
which may reduce the amount of Elterngeld if it exceeds certain thresholds.
The right to Elternzeit itself remains unaffected – it is a separate labour-law entitlement and does not depend on income or assets.
Yes.
From the moment the mother formally applies for Elternzeit until the end of that period, she enjoys special protection against dismissal under § 18 BEEG.
Dismissal during this time is only permitted in exceptional cases and requires the approval of the competent authority (usually the labour protection office).
Notify the employer in writing of the intention to take Elternzeit
– preferably at least 7 weeks before the planned start of leave.
Apply for Elterngeld through the local Elterngeldstelle, attaching:
the child’s birth certificate,
the husband’s death certificate,
proof of income before the birth,
any additional forms required by the Elterngeld office.
Apply for Witwenrente (if not yet done) from the Deutsche Rentenversicherung (DRV).
| Situation | Explanation |
|---|---|
| Working part-time during Elternzeit | Possible, but limited to no more than 30 hours per week |
| High income from Witwenrente | May partially reduce Elterngeld, but not the right to Elternzeit |
| Mother is not a German citizen | Elternzeit and Elterngeld are possible if she has a valid residence permit with work rights or protection status |
Despite the profound loss a widowed mother suffers, German law is designed to ensure that she can care for her child without forfeiting her employment-related and financial rights.
Elternzeit, Elterngeld, and Witwenrente can be combined – each under its own rules – to provide at least a minimum level of financial and social stability.
In such a vulnerable situation, the mother needs not only emotional support, but also sound legal guidance to secure all benefits to which she is entitled.
* The editorial team of this website aims to provide accurate information based on careful research and multiple sources. Nevertheless, errors or uncertainties may occur. The content of this article should therefore be regarded as an initial point of reference; for binding information, please always consult the competent authorities and professional advisers.
