Is the employer allowed to refuse Elternzeit (parental leave) for the father?

No, the employer is not allowed to refuse Elternzeit for fathers or mothers if the application is submitted in the correct legal form.
Every employed mother or father in Germany has a legal right to take up to 3 years of Elternzeit per child.

Important legal details:

Comprehensive legal entitlement:

The right to Elternzeit is guaranteed under § 15 of the Bundeselterngeld- und Elternzeitgesetz (BEEG – Federal Parental Allowance and Parental Leave Act) for both working mothers and fathers; there is no distinction between them.

Application procedure:

The Elternzeit request must be submitted in writing to the employer at least 7 weeks before the desired starting date (for the first year after birth), or 13 weeks in advance if the request concerns the period between the third month and the third year of the child’s life.

The duration of the requested Elternzeit must be clearly specified in the application.

Is the employer allowed to refuse?

In principle: Refusal is not permitted at all if the application is correctly submitted and within the statutory deadlines.

The only exception:

The employer may only postpone or refuse part of the requested Elternzeit if it is applied for the period between the child’s third and eighth year of age, and even then only for compelling urgent operational reasons (dringende betriebliche Gründe).
These reasons must be justified in writing.

In the first two years after birth, Elternzeit may not be refused or postponed for any reason.

Protection against dismissal:

During Elternzeit and during the notice period, the employee enjoys strong protection against dismissal (Kündigungsschutz).

Summary:

Every employed father in Germany is entitled to Elternzeit, and the employer may not refuse the request if it is properly submitted and within the legal time limits.

Only in a few rare cases (when Elternzeit is requested for the period between the third and eighth year of the child’s life) may postponement be possible due to urgent operational reasons.

It is always best to submit the application in writing and to keep a stamped copy or written confirmation of receipt.

The website’s editorial and writing team strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. Therefore, please treat the information contained in these articles as an initial point of reference and always contact the competent authorities for definitive and reliable information.