The Ultimate Guide to Parental Leave in Germany
Germany is one of the most family-friendly countries in the world and offers several benefits to new parents. Parental leave is one of the most important benefits that Germany offers and can be taken by either parent. In this article, we will discuss all aspects of parental leave in Germany, including eligibility, duration, and payment. We will also provide information on other related benefits such as maternity leave and parental allowance. So, if you are planning to have a baby in Germany or are already pregnant, read on for all the information you need!
Overview of Parental Leave in Germany
We will go very detailed about the natural timeline of parental leave in Germany. From maternity protection before birth to maternity leave after, we will discuss all of the important steps in becoming a parent.
Pregnant in Germany? Read more here about what to expect during the first 9 months.
Maternity Leave (Mutterschutz)
Maternity leave and maternity protection, or Mutterschutz in German, refers to the amount of paid leave given to pregnant women by their employers. This begins six weeks before the expected birth date and usually ends eight weeks after the birth of the child, this period is protected by law. During this time, the mother receives a special parental allowance that is equal to her average pre-pregnancy salary.
The amount of pay received is determined by the average gross salary in the three months before taking maternity leave (or 13 weeks if paid weekly). The maternity benefits apply to all employed women in Germany, irrespective of the length of their employment. This also applies to self-employed pregnant women.
Duration of maternity protection
In most cases, the period of maternity leave is 14 weeks. The exact duration may vary slightly depending on the individual circumstances and expected due date.
Read more here about 10 things I learned giving birth in Germany as a foreigner.
Paternity Leave (Vaterschaftsurlaub)
In addition to maternity leave, there is an entitlement for the father (or ‘second parent’) to take parental leave for up to 10 days. The European Union passed the EU-Parental Leave Directive in 2019, which provides for 10 days of paid paternity leave for fathers directly after the birth of their child. This is a significant step forward as it allows both mothers and fathers to take time off from work to spend time with their newborn baby.
Payment During Paternity Leave
Under the EU-Parental Leave Directive, fathers are eligible to receive their full salary for 10 days following the birth of their child. This will be implemented in Germany in 2024 and is intended to create a more equitable environment for new parents.
Until then, employers may have different policies in place with regard to paternity leave and pay. You must check with your employer before taking any time off from work.
Parental Leave (Elternzeit)
In addition to the existing maternity and paternity leave, German law also allows for parental leave. It´s a legal entitlement given to mother and father. This is a period of unpaid leave that can be taken by either parent after the birth of a child and is intended to provide time for parents to bond with and care for their newborn. With parental leave, both parents can take up to three years off from work and still be able to return to their jobs afterward. During the parental leave period, the parent is entitled to receive state-funded benefits known as parental allowance. This benefit replaces some or all of their lost salary while they are on parental leave.
Duration of parental leave
The parental leave period can last up to three years, but it does not necessarily have to be taken all at once. It can be taken in blocks of up to 12 months and the parent(s) are allowed to return to work for part of the year. This flexibility makes it possible for new mothers and fathers to balance their work and family commitments accordingly.
To get your parental leave you should let your employer know up to seven weeks before the start of the holiday entitlement and you can choose to begin on the day of birth.
Eligibility for parental leave
To be eligible for parental leave and parental allowance, both parents must have worked in Germany for at least 24 months within the last five years. This is a requirement for both employed and self-employed individuals. Additionally, both parents must be residents and have valid residence permits in Germany.
Ability to work during parental leave in Germany
In Germany, it is possible to continue working while taking parental leave. If you have a full-time job, you can ask your employer to reduce the hours. Alternatively, if you had a part-time job before giving birth, then you can just keep on working as usual. However, regardless of which type of employment situation you are in, you must not exceed an average of 32 hours per week in a month.
Who can request parental leave?
In principle, both the mother and father can take parental leave. However, in practice, it is usually taken by the mother as this type of leave was designed to give them a chance to recuperate from childbirth. But more recently, fathers are increasingly taking advantage of the parental leave option and sharing the responsibility of raising their children.
But it doesn't have to be your child, you can also request parental leave to take care of your biological child, the biological child of your wife or husband, your step kids, your foster child, and your adopted child.
Additional helpful Guide: Everything you need to know about childcare in Germany. Learn more here.
Parental Allowance (Elterngeld)
In addition to the existing maternity and paternity leave, German law also allows for parental allowance. This is a payment given to new child's parents to help them financially while they take time off to care for their newborn. It is based on the parent’s income before taking leave and is paid out for a period of 12 or 14 months (depending on the circumstances).
There are different types of parental allowances available including the ElterngeldPlus (Parental Benefit Plus) and the Partnerschaftsbonus (Partner Bonus). These can be combined to give parents more choices in their leave options. The amount of parental allowance that you will receive depends on your circumstances and which type of leave you opt for.
To receive any benefit, you must submit a claim to the Federal Ministry office in your region. You can use a parental allowance calculator to get an estimate of what you may be entitled to and obtain more information on how to apply.
In addition to parental allowance, Germany also has a range of other benefits for parents including tax relief and childcare allowances (Kindergeld.) It’s important to research all of your options when planning your parental leave to make the most out of it. With the right information and planning, you can ensure that you have enough financial support during this special time with your baby.
Payment During Parental Leave
When taking parental leave, German law states that you must receive at least 60% of your previous income. This is generally paid out in the form of parental allowance or another benefit from the government. This allowance can be taken in either 12 or 14 monthly payments and can be split between parents. It is important to note that the amount of parental leave benefit you are entitled to depends on your circumstances up to a maximum of 1,800€ per month. Generally, the payment is around two-thirds of the parent's average pre-parental leave salary according to the employment contract.
For example, if a parent has an average pre-parental leave salary of 1,400€ per month, they can receive up to 910€ in parental allowance for twelve months.
ElterngeldPlus (Parental Benefit Plus)
ElterngeldPlus is an additional payment for parents who opt to take a longer period of parental leave. It provides a higher level of financial support and is available from the seventh to the twelfth month of the child’s life. ElterngeldPlus can be taken in conjunction with Parental Benefits, allowing parents to receive a higher level of financial support.
A helpful related guide to follow and understand is Kindergeld. Read about it here.
Partnerschaftsbonus (Partner Bonus)
The Partner Bonus is an additional payment that can be split between the parents to provide flexibility in how they share their leave. It is available from the fifteenth to the eighteenth month of a child’s life, provided that both parents have taken at least two months of parental leave.
Eligibility criteria for parents
To be eligible for parental leave and parental allowance, both parents must have valid residence permits in Germany. Additionally, self-employed individuals may also qualify and apply for parental support but they must meet certain criteria. It is important to check with the Family Benefits Office in your region when applying for parental allowance as the rules may differ depending on where you live.
When taking parental leave, it is also important to note that there are certain restrictions in place. Parents can only take parental leave within the first twelve months of their child’s life, and ElterngeldPlus can only be taken from the seventh to the twelfth month.
Important deadlines
As with many policies in Germany, there are often tight deadlines that need to be met when applying for child benefit and other parental leave benefits. Generally, you should submit your application at least six weeks before the due date of the child. Additionally, ElterngeldPlus and Partner Bonus applications must be submitted no later than three months after the birth of the child to the local authority. It is important to keep track of these dates so that you don’t miss out on any important payments or allowances.
In addition, it is important to check the exact details of your employer’s parental leave policies as they may vary from company to company. Some employers may require that you give notice at least seven weeks before taking parental leave and there are usually time limits for when you need to submit your application for benefits. It is always good to keep all documents and written confirmation to avoid problems later.
Responsibilities of employers
The main concern of many parents is the impact taking parental leave will have on their careers. To ensure that employees are not negatively impacted by taking parental leave, employers must ensure that they do not discriminate against employees for taking parental leave or for requesting flexible working arrangements after returning to work. Additionally, employers should provide accurate and up-to-date information about parental leave regulations, as well as provide resources and support to all employees who take parental leave. This may include offering job training, seminars, or other learning opportunities during the period of care leave. By doing so, employers can help their staff stay connected with their workplace and make the transition back to work easier for both the employee and employer.
Employers must ensure protection against dismissal, meaning returning parents have the same job or one of equal or higher value upon their return. The law also requires employers to provide flexible working arrangements for returning parents, as well as provide necessary resources and support to ensure that both the employee and employer can handle any challenges associated with the transition back into work after parental leave.
Before apply for parental leave, employees need to discuss their plans with their employer and negotiate any necessary changes in their employment contract or arrangements that may be needed. Employers should also keep in mind that parental leave is a protected legal right and cannot be refused without reasonable justification.
Preparing for Parental Leave
When preparing for parental leave, it is important to consider both the financial and legal aspects. To ensure that you are fully prepared, the following steps should be taken:
1. Research your rights – Before taking parental leave, make sure that you understand all relevant laws and regulations regarding parental leave in Germany.
2. Calculate your benefits – Calculate how much parental allowance and other parental leave benefits you are entitled to.
3. Negotiate with your employer – Speak to your employer regarding your plans for parental leave and agree on any necessary changes or arrangements. You can find a template letter here to share with your employer.
4. Make childcare arrangements – Ensure that all necessary arrangements have been put into place for childcare during parental leave.
5. Create a budget – Create a budget to ensure that you have sufficient funds to cover your expenses during parental leave.
By preparing in advance, parents can ensure that they can take full advantage of the rights and benefits available under Germany’s parental leave laws.
Importance of planning ahead
Planning is essential for parents looking to take advantage of Germany’s parental leave laws. Not only will this help to ensure that you are fully aware of your rights and obligations, but it will also help to make sure that you have all the necessary paperwork in order before taking leave. Knowing your rights and obligations can also help to avoid any conflicts or misunderstandings with employers.
Managing Parental Leave
In addition to understanding the rules and regulations of Germany’s parental leave policies, it is important for parents to also consider how they will manage their time away from work. This means considering everything from childcare arrangements to setting realistic goals for when you return to work.
One important factor to consider is how you will divide the parental leave between both parents. This may involve negotiating with your partner and employer regarding who will take what period of leave. Partnerships also play a key role in this decision, as some employers may offer additional incentives or benefits if both parents share the leave equally.
By understanding Germany's parental leave policies and managing your time away from work effectively, you can ensure that you make the most out of your parental leave experience. With the right preparation and support, parenting in Germany can be an incredibly rewarding experience for both parents and children alike.
Returning to Work after Parental Leave
Once the necessary arrangements have been made, it is important to set realistic goals for your return to work. Returning to work after parental leave can be a difficult transition for both parents and children. To ensure that the process is as smooth as possible, it is important to think about what measures you can take before returning. This may involve speaking with your employer about the possibility of reduced hours or flexible working arrangements. It is also a good idea to keep in contact with colleagues during your leave so that you can stay up-to-date on any changes at the workplace.
In accordance with the German law you can also request a part-time employment if you have been in the company for over six months and with at least 15 full time employees.
Strategies for maintaining a positive work-life balance
After returning to work following a period of parental leave, it is important to maintain a positive work-life balance. This can be achieved through various strategies such as setting boundaries between work and home life, taking regular breaks throughout the day, and making time for yourself.
It is also important to practice self-care, which can include anything from taking a few minutes each day to practice mindfulness or engaging in regular physical activity. Additionally, it is important to prioritize your relationships with family and friends; this could involve scheduling time for social activities and making time to check in with loved ones.
In Conclusion
Parental leave in Germany is an important part of the parental journey. By being familiar with the regulations and understanding what strategies can help you to make the most out of your time away from work, parents can ensure that they take full advantage of their rights under German law. With the right level of preparation and support, parenting in Germany can be an incredibly rewarding experience for both parents and children alike.
Now that you have a clear understanding of parental leave, you should begin preparing for the task of registering your child’s birth in Germany. Read all of steps here of how to register a birth in Germany.
Frequently Asked Questions
How long is a parental leave in Germany?
The duration of parental leave in Germany is determined by the applicable legislation and can vary depending on the individual's circumstances. Generally, parents are entitled to up to 14 months of unpaid leave with compensation from the government. The parental leave can be taken until the child´s third birthday.
Is parental leave paid in Germany?
Yes, parents are entitled to receive at least 60% of their salary during the first 14 months of parental leave in Germany from the government. Additionally, some employers may offer additional benefits or incentives to ensure that parents receive financial support during their time away from work.
Can both parents take parental leave in Germany?
Yes, partners are entitled to two months of paid parental leave each, with the option of transferring unused days between them. Parents can also choose to take additional unpaid leave, with the option of receiving reduced payment from the government.
How can I stay up-to-date on any changes at the workplace while on parental leave?
It is a good idea to keep in contact with colleagues during your leave, so that you can stay up-to-date on any changes at the workplace. You may also be able to arrange a meeting with your employer to discuss any changes before returning.
