Wegweiser Pregnancy & Parental Leave Deutsch

🛡️ Protection against dismissal during parental leave

Protection against dismissal begins with the registration of parental leave – in part even before it actually starts.

protection against dismissal parental leave § 18 BEEG approval supervisory authority parental leave

In brief

From the moment you request parental leave from your employer – but no earlier than eight weeks before it starts (or 14 weeks for parental leave between the 3rd and 8th birthday) – you generally cannot be dismissed until the end of the parental leave. This protection is thus in part even stricter than that during pregnancy, because it starts before the actual start of the leave.

Step by step

  1. Register parental leave in good timeRegister the parental leave on time in text form – protection against dismissal begins from that point (or from the statutory lead time before it).
  2. Do not accept a dismissalIf you nevertheless receive a termination notice, do not accept it without comment – without an exceptional official permit it is invalid.
  3. Observe the deadline for a claimAs a precaution, file a dismissal protection claim with the labour court within three weeks.
  4. Have the approval checkedHave it checked whether the responsible state authority approved an exceptional dismissal in advance.

Deadlines

8 weeks before
Start of protection against dismissal before the desired start of parental leave (for parental leave up to the 3rd birthday)§ 18 Abs. 1 Satz 1 BEEG
14 weeks before
Start of protection against dismissal before the desired start if the parental leave is to fall between the 3rd and 8th birthday§ 18 Abs. 1 Satz 2 BEEG
3 weeks
General deadline for filing a dismissal protection claim from receipt of the termination notice§ 4 KSchG
Watch out – common mistakes
  • Special protection against dismissal ends when parental leave ends – afterwards only general protection against dismissal under the KSchG applies again (where applicable).
  • Special protection against dismissal also remains in place during part-time employment in parental leave.
  • As with maternity protection, the responsible state authority can in special exceptional cases (e.g. complete closure of the business) approve a dismissal in advance – without this approval, a dismissal during the protection period is invalid.
In depth · legal basis, figures and practice – for advisers and professionals

Scope of § 18 BEEG

§ 18 Abs. 1 BEEG prohibits dismissal from the moment parental leave was requested, but no more than eight weeks (or, for parental leave from the 3rd birthday: fourteen weeks) before its start, until its end. The protection thus already covers the preparatory phase in which the employer learns of the planned parental leave, and is meant to prevent employees from being dismissed merely because they announced their parental leave.

Exceptional permit

§ 18 Abs. 1 Satz 4 BEEG refers to a requirement of approval by the state authority responsible for occupational safety, in line with the rule in maternity protection law; the requirements are narrow and in practice limited to rare exceptional cases such as complete closure of the business.

Relationship to part-time work during parental leave

Special protection against dismissal applies regardless of whether one takes a full break during parental leave or continues working in permissible part-time (§ 15 Abs. 4–7 BEEG); a request for part-time work during parental leave does not itself constitute a separate ground for dismissal.

Who is responsible
  • Labour court (dismissal protection claim)
  • State supervisory authority (approval in exceptional cases)
Further reading
Parental leave: entitlement, duration, transferability and registrationProtection against dismissal during pregnancy and maternity protectionAdvice and contact points

Quick questions

Worum geht es bei „Protection against dismissal during parental leave“?
Protection against dismissal begins with the registration of parental leave – in part even before it actually starts.
Which deadlines and figures matter?
  • 8 weeks before: Start of protection against dismissal before the desired start of parental leave (for parental leave up to the 3rd birthday) (§ 18 Abs. 1 Satz 1 BEEG)
  • 14 weeks before: Start of protection against dismissal before the desired start if the parental leave is to fall between the 3rd and 8th birthday (§ 18 Abs. 1 Satz 2 BEEG)
  • 3 weeks: General deadline for filing a dismissal protection claim from receipt of the termination notice (§ 4 KSchG)
What should I do first?
  • Register parental leave in good time: Register the parental leave on time in text form – protection against dismissal begins from that point (or from the statutory lead time before it).
  • Do not accept a dismissal: If you nevertheless receive a termination notice, do not accept it without comment – without an exceptional official permit it is invalid.
  • Observe the deadline for a claim: As a precaution, file a dismissal protection claim with the labour court within three weeks.
What do I need to watch out for?
  • Special protection against dismissal ends when parental leave ends – afterwards only general protection against dismissal under the KSchG applies again (where applicable).
  • Special protection against dismissal also remains in place during part-time employment in parental leave.
  • As with maternity protection, the responsible state authority can in special exceptional cases (e.g. complete closure of the business) approve a dismissal in advance – without this approval, a dismissal during the protection period is invalid.
Evidence
  • § 18 BEEG (gesetze-im-internet.de)
  • § 4 KSchG (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

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