You don't need permission to take Elternzeit

Elternzeit is a statutory right for employees who live with their child and care for and raise that child themselves. Each parent can take up to three years per child. Nationality is not the deciding factor.

Two similar words mean different things:

• •Elternzeit = unpaid, job-protected parental leave
• •Elterngeld = a separate government benefit

You can take Elternzeit without receiving Elterngeld. You can also receive Elterngeld without formal Elternzeit, for example if you are self-employed.

Your employer does not decide whether you may take Elternzeit. You do have to notify them on time and in text form.

Each parent can take up to three years of Elternzeit per child. Both parents may take it independently or at the same time.

You can split it into:

• •up to three periods without additional consent
• •further periods with your employer's consent
• •up to 24 months between the 3rd birthday and the day before the 8th birthday

An employer may reject a third period in that later window in specific circumstances for urgent operational reasons. For the person giving birth, postnatal Mutterschutz counts towards the three-year total.

You are not asking for permission. You are notifying your employer of the dates you will take. Text form is sufficient, including a letter or email. State the start and end as clearly as possible.

• The notice periods:
• •before the 3rd birthday: normally 7 weeks
• •from the 3rd birthday until the day before the 8th birthday: 13 weeks

If the non-birthing parent's leave starts at birth, the expected due date is normally used for planning. The birthing parent's Elternzeit usually starts after postnatal Mutterschutz.

When notifying leave before the 3rd birthday, you must also commit to the periods you intend to take during the following two years.

Late notice does not necessarily remove your right, but it can move the intended start date. Shorter notice is reserved for urgent exceptions. Keep proof that your notification arrived; your employer must confirm the registered Elternzeit.

The two-year commitment: When you notify Elternzeit before age 3, you commit to your plan for the following two years. Extending or ending it early during that window generally requires your employer's agreement, with special rules for hardship and a new Mutterschutz period.

The practical point: do not commit to all three years immediately if you are not yet sure about year three.

Elternzeit comes with special protection against dismissal. It starts when you notify your employer, but no earlier than eight weeks before leave taken before age 3, or 14 weeks before a later period.

The protection is strong, not absolute. In exceptional cases the competent authority may approve a dismissal, including a business closure or serious misconduct. If you receive a dismissal, the usual deadline for bringing a claim is three weeks.

After Elternzeit, your employment continues under the terms of your contract. Whether you return to the exact same desk or role depends on the contract and the employer's lawful right to assign work.

Holiday: Your employer may reduce annual leave by one twelfth for each full calendar month of Elternzeit in which you do not work part-time for them. Unused leave from before Elternzeit is generally carried over.

Elternzeit and Elterngeld use different timelines and rules:

• •Elternzeit is an employment right lasting up to three years.
• •Elterngeld is planned in your child's life months.
• •You may remain on unpaid Elternzeit after your Elterngeld ends.

One Basis month can be converted into two ElterngeldPlus months. From life month 15 onward, however, Plus must continue without interruption. Income during the benefit period also changes the amount.

Our free guide places the two timelines next to each other: Elternzeit with your employer and Elterngeld with the Elterngeldstelle.

Elternzeit works differently depending on your situation:

Mutterschutz and Elternzeit connect, but they are not the same thing. For the person giving birth, registered Elternzeit normally begins after postnatal Mutterschutz. That protection period still counts towards the maximum three years of Elternzeit.

Maternity benefits in the first life months are also offset against the Elterngeld of the person who gave birth; those months count as Basiselterngeld months. The amount and type of maternity benefits depend on employment and health insurance.

The detailed insurance rules belong in the Mutterschutz guide. For planning purposes, remember this: Mutterschutz, Elternzeit and Elterngeld follow three different sets of rules, and they meet immediately after birth.