1. Can you be fired during parental leave?
Short answer: yes — but only in extremely rare, tightly defined exceptions. In Germany, the special dismissal protection under § 18 of the Federal Parental Allowance and Parental Leave Act (BEEG) generally prevents an employer from terminating the employment relationship from the moment parental leave is requested. That protection covers the entire parental leave and even begins before the leave starts, subject to statutory lead times.
Put simply: ordinary dismissals by the employer are basically excluded while you are on parental leave. However, the law allows a limited exception where a competent work protection authority can declare a dismissal permissible in particularly serious or exceptional situations — and that happens only rarely.
2. Legal basis and how the protection works
When the protection starts and how long it lasts
The cornerstone is § 18 BEEG. The special protection applies during the whole parental leave period. It can even start before the first day of parental leave: earliest eight weeks before the start when the child is under three years old, and earliest 14 weeks before the start when parental leave is taken between the child’s third and eighth birthday. Outside those statutory pre-deadlines, an earlier application does not trigger full protection immediately.
How to trigger protection: the written request
To activate the special protection you must request parental leave effectively. That means a written application with your own signature — a hand-signed letter. An e-mail or fax does not satisfy the formal requirement. Make the request clear and include the exact periods of parental leave you plan to take.
Separate protection for each leave block
If you take parental leave in several blocks, the pre-protection periods apply separately to each block. The Federal Labour Court confirmed that the forward-looking protection is renewed for every section once it is formally requested. That means you again get the eight- or 14-week lead protection before every newly demanded block.
3. Rare exceptions: when a dismissal may be allowed
The BEEG itself provides the exception: a dismissal may be declared permissible, but only after a prior approval by the competent work protection authority of the respective federal state. This is not a routine procedure and is limited to special cases where no reasonable alternative exists.
- Final closure or relocation of a business or an entire business division where no other employment is possible.
- Refusal by the employee to accept a reasonable re-assignment or continued employment that would have been possible.
- Economic situations where continued employment after parental leave would threaten the existence of the business.
- Especially serious breaches of contract by the employee (in extreme cases even then the authority must approve).
Authorities may only approve such dismissals if the employer’s interests clearly and substantially outweigh those of the employee. In practice, supervisory authorities are very protective of parents: approvals are exceptional, and courts treat this threshold as high.
4. Practical consequences and important employee obligations
Parental leave protection is very strong, but it is not a licence to ignore all duties. Employees must still behave in accordance with their contractual and legal obligations. For very serious misconduct (for example, criminal acts against the employer) an authority-approved dismissal can be possible.
Employee’s right to resign
While employer dismissals are largely blocked, employees themselves may terminate the employment relationship during parental leave. § 19 BEEG allows employees to give notice and end their contract at the end of parental leave with a three-month notice period. This can be used strategically if you plan to change jobs after your leave.
If you receive a dismissal during parental leave that lacks mention of prior authority approval, the dismissal is in principle invalid. However, an invalid dismissal can have practical consequences if you do not act promptly. German labour law requires that you file a claim at the labour court within three weeks of receiving a termination to challenge its effectiveness — otherwise the termination can become effective despite being unlawful.
Note also that employers cannot validly issue a resignation “in advance” to take effect after the parental leave ends. The employer may only terminate after the parental leave has actually ended, unless a valid and authority-approved exceptional dismissal was granted during the leave.
5. What to do if you receive a termination notice during parental leave
- Check the letter carefully: does it mention a prior approval by the competent work protection authority? If not, the dismissal is most likely invalid.
- Confirm that you actually triggered parental leave protection correctly: was the parental leave requested in writing with your signature and within the correct timelines?
- Preserve all documents and correspondence: keep copies of the dismissal, your parental leave request, and any communication with the employer or authorities.
- Seek legal advice immediately. Labour law specialists can assess whether the dismissal may be valid and help prepare a timely claim.
- If necessary, file an action at the labour court within three weeks of receiving the dismissal to contest it. Missing this deadline can make a formally unlawful termination effective.
- Consider practical alternatives: negotiate with your employer, check for an amicable settlement or an agreed termination only if you understand the consequences for parental allowance, unemployment benefits and future employment.
Acting quickly is crucial. Even a dismissal that violates § 18 BEEG can have real effects if you miss procedural deadlines or fail to document your parental leave request properly.
6. Key takeaways
- Parental leave brings a very strong dismissal protection under § 18 BEEG — ordinary employer dismissals are generally not allowed.
- The protection can start before parental leave begins (8 or 14 weeks depending on the child’s age) but only after a proper written request.
- Only in rare, exceptional cases and with prior approval from the competent authority can a dismissal be declared permissible.
- If you receive a dismissal during parental leave, check for authority approval, preserve evidence and file a court claim within three weeks if needed.
- Employees may still resign during parental leave (§ 19 BEEG) with a three-month notice; this is separate from employer dismissal protection.
Overall, the legal framework is highly protective of parents on leave, but protection depends on formal application, observance of deadlines and prompt action if a dismissal is issued. Knowing your rights and acting quickly gives you the best chance to keep your job or to enforce your legal position.
