Termination during parental leave in Germany: Is this legally permissible?

Sven Jacob
Updated on:June 23, 2026

Can your employer dismiss you during parental leave in Germany? In most cases, no. German law gives employees special protection against dismissal during parental leave. Employers may terminate employment only in exceptional cases and usually need prior approval from the competent authority. This guide explains when a dismissal may be lawful, how long the protection lasts and what you should do if you receive a termination notice.

Key takeaways

The employer may not terminate the employment relationship during parental leave.
Protection against dismissal begins when parental leave is requested, but no earlier than eight weeks before the start of parental leave.
Protection against dismissal ends at the end of parental leave.
Only in rare cases, the competent authority can declare the termination to be permissible.
Employees may generally terminate their employment during parental leave in accordance with the agreed notice period. If the employee terminates their employment at the end of parental leave,a statutory notice period of three months applies.

Prohibition of termination during parental leave
Exception: Termination in special cases with official approval
How can you defend yourself against dismissal during parental leave?
Frequently asked questions (FAQ)

Prohibition of termination during parental leave

Employees enjoy special protection against dismissal during parental leave. In most cases, employers may not terminate the employment relationship. Protection starts when the employee applies for parental leave, but no earlier than eight weeks before it begins (or 14 weeks for parental leave taken between the child’s third and eighth birthday). The protection lasts until the approved parental leave ends.

Practical tip:
Keep a copy of your parental leave application and proof that your employer received it. Your protection against dismissal depends on when you submitted your request.

Exception: Termination in special cases with official approval

The employer may only terminate the employment relationship in ‘special cases’ after the competent authority has declared the termination to be permissible.¹ A ‘special case’ only exists if there are circumstances that outweigh the interests of the parent concerned. The federal government has issued a general administrative regulation on this matter.² According to this, a special case exists if, among other things:

the permanent closure of the business,
the permanent relocation of the business where no suitable alternative position exists,
serious misconduct by the employee, or
situations where continuing the employment relationship would seriously threaten the employer’s business.

The authority examines every case individually before granting approval.
Other exceptional cases may also justify dismissal depending on the individual circumstances.

Federal Labour Court (BAG), judgment of 26 June 2008 – 2 AZR 23/07
Employers cannot dismiss employees during parental leave without prior approval from the competent authority. A dismissal issued without this approval is generally invalid.

Competent authority

The competent authority differs between the German federal states. Employees can find the responsible authority on the website of their state government or through the Federal Ministry for Family Affairs.

How long does protection against dismissal apply during parental leave?

The special protection against dismissal ends when parental leave expires.
If parental leave is taken for the first three years of the child’s life. Then the protection against dismissal ends at the end of the day before the child’s third birthday.
If parental leave is taken between the end of the third and eighth year of the child’s life. Then the prohibition of dismissal also extends to the additional period.

Special protection against dismissal applies to the parent who has duly applied for parental leave or has commenced parental leave. This also applies if both parents take parental leave alternately. If both parents are on parental leave at the same time for certain periods, the special protection against dismissal applies equally to both parents during this period. Protection against dismissal does not apply during the working time between two periods of parental leave.

Termination during parental leave by employees

Employees may resign during parental leave at any time. They must comply with the contractual or statutory notice period.

Employees can generally resign at any time during parental leave without giving reasons. The contractually agreed or statutory notice period must be observed.
An exception applies if the termination is announced at the end of parental leave. In this case, the employee must observe a statutory notice period of three months. This is to give the employer the opportunity to find a suitable replacement in good time and to make adjustments within the company.
Termination of the employment relationship must be in writing.

If the employment ends at the end of parental leave, employees must give three months’ notice. This allows the employer to plan for a replacement.

Practical tip: Before resigning, check whether your employer is planning redundancies or a severance programme. Employees who resign voluntarily often lose valuable negotiating leverage.

How can you defend yourself against dismissal during parental leave?

If the employee receives notice of dismissal during parental leave (with or without a declaration of admissibility from the authorities), an action for unfair dismissal can be brought.

Federal Labour Court (BAG), judgment of 12 May 2022 – 2 AZR 363/21
Employees normally have only three weeks to challenge a dismissal in court. Missing this deadline usually makes the dismissal legally effective, even if it was unlawful.
Tip: Save the envelope containing your dismissal letter. The delivery date determines when the three-week deadline starts.

Attention: If you have lost interest in your current employment relationship – perhaps also due to the termination – so that you would agree to a termination in return for a sufficiently high severance payment, you should definitely talk to a lawyer. This is because you enjoy relatively strict protection against dismissal. In many cases, the severance pay is therefore significantly higher than usual. And since your employer obviously has an interest in terminating the employment relationship, you are in a good position to get a high severance payment.

Frequently asked questions (FAQ)

Is termination by the employer permitted during parental leave?

No, termination by the employer during parental leave is generally not permitted. The law only allows termination in ‘special cases’. However, the competent authority must declare the termination to be permissible. The special protection against dismissal during parental leave begins at the time when parental leave was requested, at the earliest eight weeks before the start of parental leave and at the latest when the child reaches the age of three.

What happens if you are dismissed during parental leave?

If the employer terminates the employment relationship during parental leave, this can only be done effectively if, among other things, the competent authority agrees. If no consent is given, the termination is invalid for this reason alone. If, on the other hand, consent is given, the employee can still take legal action against the termination in order to have the reasons for the termination reviewed.

Is it possible to terminate an employment contract during parental leave for operational reasons?

Operational termination during parental leave is generally not permitted. Only in ‘special cases’ can the competent authority declare the termination to be permissible. An administrative regulation issued by the federal government regulates a number of example cases, such as business closures or similar. In practice, however, this rarely occurs, as the hurdles for obtaining such prior approval are very high.

How long does protection against dismissal apply after parental leave?

Statutory protection against dismissal ends at the end of parental leave. This means that, once parental leave has ended, the employee is once again subject to the general notice periods and dismissal regulations.

What happens to holiday entitlement before, during and after parental leave?

When it comes to holidays, it depends on whether the holiday entitlement was accrued before or during parental leave: (1) Holiday entitlement accrued before parental leave and not taken must be granted by the employer after parental leave in the current/next holiday year. (2) The employer may reduce holiday entitlement that would accrue during parental leave by one twelfth for each full calendar month. However, this does not apply if the employee works part-time during parental leave. The reduction is not automatic, but only takes effect once the employer has declared it. (3) If the employment relationship ends during or at the end of parental leave, the employer must compensate the employee for any holiday entitlement that has not yet been granted.

Why is there a three-month notice period for employees at the end of parental leave?

Employees can generally resign at any time during parental leave. The contractually agreed or statutory notice period must be observed. Special feature: If notice of termination is given at the end of parental leave, the employee must observe a statutory notice period of three months! This extended notice period at the end of parental leave gives the employer the opportunity to find a suitable replacement in good time and to make adjustments within the company.

Further links

Sven Jacob

Employment Lawyer Second State Examination (Higher Regional Court of Düsseldorf) | Member of the Berlin Bar Association | Honorary Judge at the Labour Court

Sven Jacob has been practicing employment law for many years in Berlin and throughout Germany, advising employees in particular on dismissals, termination agreements, and other workplace disputes. Alongside his legal practice, he brings experience at the intersection of law, business, and politics. Since 2026, he also serves as an honorary judge at the Labour Court. His approach is strategic and solution-oriented, with a focus on achieving the best possible outcomes for his clients.

Areas of Expertise: Employment Law, Dismissal, Severance Pay, Unfair Dismissal Protection, Termination Agreement

All information on our website is of an editorial nature and expressly does not constitute legal advice. Naturally, we have made every effort to ensure the accuracy of the information and links contained on this website. Nevertheless, we cannot guarantee the accuracy of the information. It is in no way a substitute for legal advice from a lawyer.

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