Wegweiser Pregnancy & Parental Leave Deutsch

🔄 Returning to work after parental leave

After parental leave you are in principle entitled to return to your previous or an equivalent position.

return after parental leave equivalent job re-entry employer's right to give instructions

In brief

After your parental leave ends, you are entitled to employment in line with your employment contract. Your job does not have to be exactly the same as before – within the scope of its right to give instructions (Direktionsrecht), the employer may assign an equivalent job, as long as it matches your qualifications, pay grade and the contractual agreements.

Step by step

  1. Raise the return date earlyTalk to your employer in good time before parental leave ends about the date and arrangements for your return, in particular about any wish for part-time work.
  2. Document your working-time requestSubmit any application for permanent part-time work (independent of the parental leave part-time entitlement) early and in writing if you do not want to return full-time.
  3. Check conformity with the contractCheck whether the job assigned to you after your return is actually equivalent (pay, duties, responsibility) or whether there is an impermissible downgrade (discrimination because of parental leave).
  4. Get advice in case of conflictIn case of conflict, contact the works or staff council, the equal opportunities officer or a specialist employment lawyer.

Deadlines

No statutory deadline
There is no separate deadline for announcing the return date itself – it follows from the original parental leave registration; for a part-time application the 7- or 13-week deadlines of § 15 Abs. 7 BEEG apply§ 15 Abs. 7 BEEG
Watch out – common mistakes
  • Disadvantage because of taking parental leave (e.g. in promotions, pay adjustments or allocation of duties) is impermissible – the Allgemeines Gleichbehandlungsgesetz (AGG, General Equal Treatment Act) and § 15 BEEG offer protection here, but in a dispute the burden of proof is often difficult and should be reviewed by a lawyer.
  • The entitlement to return is based on the original employment contract, not on any cover work that another person may be temporarily carrying out during parental leave.
  • If you worked part-time during parental leave, this part-time entitlement generally ends when parental leave ends – to continue part-time permanently you need a separate application (e.g. under the TzBfG).
In depth · legal basis, figures and practice – for advisers and professionals

Entitlement to employment and the right to give instructions

After parental leave ends, the employment relationship revives in its full previous scope. Within the scope of its right to give instructions (Direktionsrecht) (§ 106 GewO), the employer can assign a different but equivalent job if the previous one no longer exists or had to be filled otherwise; the core contractual conditions (pay grade, level of qualification, essential structure of duties) must be preserved.

Protection against discrimination

Disadvantage because of parental leave can constitute both a breach of § 612a BGB (prohibition of retaliation) and – insofar as it is indirectly linked to sex – of the AGG. Those affected can contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) or a specialist lawyer.

Who is responsible
  • Employer
  • Works/staff council
  • Labour court in disputes
Further reading
Part-time work during parental leaveLegal entitlement to a daycare placeAdvice and contact points

Quick questions

Worum geht es bei „Returning to work after parental leave“?
After parental leave you are in principle entitled to return to your previous or an equivalent position.
Which deadlines and figures matter?
No statutory deadline: There is no separate deadline for announcing the return date itself – it follows from the original parental leave registration; for a part-time application the 7- or 13-week deadlines of § 15 Abs. 7 BEEG apply (§ 15 Abs. 7 BEEG)
What should I do first?
  • Raise the return date early: Talk to your employer in good time before parental leave ends about the date and arrangements for your return, in particular about any wish for part-time work.
  • Document your working-time request: Submit any application for permanent part-time work (independent of the parental leave part-time entitlement) early and in writing if you do not want to return full-time.
  • Check conformity with the contract: Check whether the job assigned to you after your return is actually equivalent (pay, duties, responsibility) or whether there is an impermissible downgrade (discrimination because of parental leave).
What do I need to watch out for?
  • Disadvantage because of taking parental leave (e.g. in promotions, pay adjustments or allocation of duties) is impermissible – the Allgemeines Gleichbehandlungsgesetz (AGG, General Equal Treatment Act) and § 15 BEEG offer protection here, but in a dispute the burden of proof is often difficult and should be reviewed by a lawyer.
  • The entitlement to return is based on the original employment contract, not on any cover work that another person may be temporarily carrying out during parental leave.
  • If you worked part-time during parental leave, this part-time entitlement generally ends when parental leave ends – to continue part-time permanently you need a separate application (e.g. under the TzBfG).
Evidence
  • § 15 BEEG (gesetze-im-internet.de)
  • § 106 GewO (gesetze-im-internet.de)
  • § 612a BGB, AGG (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

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