Can a mother lose her job because of parental leave (Elternzeit)?

Can a mother lose her job because of Elternzeit (parental leave)?

Legal basis:

No, a mother (or father) cannot lose their job merely because they take Elternzeit (parental leave). German law grants very strong protection to employees during this period.

Details of legal protection:

Protection against dismissal (Kündigungsschutz):

Once a request for Elternzeit has been submitted and received by the employer, the mother (or father) enjoys protection against dismissal

• from the day the request is submitted, and

• for the entire duration of the Elternzeit.

The employer is prohibited from terminating the employment relationship from the moment they receive the Elternzeit request until the end of the requested period (§ 18 BEEG).

Rare exceptions:

Only in very rare exceptional cases (for example, if the company is completely shut down or in other extreme situations) can a dismissal be permitted – and even then only with the prior approval of the competent work protection authority (Arbeitsschutzbehörde).

In practice, such cases are extremely uncommon.

After the Elternzeit:

When the Elternzeit ends, the mother (or father) is entitled to return

• to the same position, or

• to a comparable position with the same contractual conditions.

The employer may not use the return from Elternzeit as a pretext for arbitrary or discriminatory dismissal.

An employer is not allowed to issue a Kündigung (dismissal) because of the employee’s use of Elternzeit.

Unlawful dismissal:

If such a dismissal nevertheless occurs, the employee has the right to file a dismissal protection claim (Kündigungsschutzklage) before the labour court within three weeks of receiving the notice.
In many such cases, the courts tend to rule in favour of the employee.

Pressure to resign or psychological pressure:

If you are subjected to indirect pressure – for example through

• belittling,

• exclusion,

• assigning tasks that clearly do not fit your role –

this is also unlawful, and you can turn to a trade union or a labour law attorney for advice and support.

Clear summary:

• An employer cannot dismiss a mother or terminate her contract because of Elternzeit.

• She enjoys strong legal protection throughout the entire period.

• Even after returning to work, dismissal or discrimination for this reason is not allowed.

• Any Kündigung that does not comply with the legal requirements is invalid and can be challenged in court.

Practical tip:

Always keep:

• a copy of your Elternzeit request, and

• documentation of all correspondence with your employer.

If any problems arise, contact a trade union or a specialised labour lawyer immediately.

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The authors and editors of this website strive to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some information may not be fully verified. Therefore, please regard the information in this article as an initial reference and always consult the competent authorities or professional advisers for definitive and up-to-date guidance.