Returning from Parental Leave: An Overview of Labor Law Provisions

Anyone returning to work after parental leave has clear legal rights—but must also observe certain obligations and deadlines. German labor law, as set forth in the Federal Parental Allowance and Parental Leave Act (BEEG), outlines the entitlements employees have upon returning from parental leave, ranging from job protection to the right to work part-time. This article explains the most important provisions so that you understand your rights and can avoid common pitfalls.

Key Points

• After parental leave, an employee is entitled to continued employment, but not necessarily in the exact same job—what matters is that the position be equivalent.
• Special protection against termination ends when parental leave expires; after that, the normal notice periods apply again.
• A legal right to part-time work following parental leave exists under certain conditions (more than 15 employees, at least 6 months of continuous employment).
• The request to work part-time must be submitted in writing no later than three months before the end of parental leave.
• A return to the original full-time position is not automatically guaranteed after a reduction to part-time status; however, employees are given priority consideration for vacant full-time positions.

Am I entitled to return to my old job after parental leave?

No, there is no right to return to the exact same job. The employment relationship is merely suspended during parental leave and is fully reinstated afterward, meaning that employees must continue to be employed in accordance with the terms of their employment contract. The employer may, within the scope of its managerial authority, assign an equivalent position—for example, with different duties or at a different location—as long as this does not result in a less favorable position.

Here’s an example: A marketing manager who led a team before taking parental leave must, upon her return, be assigned a position with comparable managerial responsibilities, similar authority, and equal pay. If she is instead assigned a subordinate position without managerial duties, this may be unlawful and can be challenged in labor court.

What happens to protection against termination after returning to work?

The special protection against termination, which applies throughout the entire period of parental leave, expires upon the leave’s conclusion. As of the date of return, the employer may, in principle, terminate the employment relationship again—but only in compliance with the contractual or statutory notice periods and the general provisions of the German Employment Protection Act. If termination occurs immediately upon return, it is advisable to seek legal counsel to determine whether it is valid.

Am I entitled to part-time work after parental leave?

Yes, under certain conditions, § 15(7) of the BEEG provides for a legal right to part-time work. The following conditions must be met: the company employs more than 15 employees; the employment relationship has existed for at least six months without interruption; the desired number of working hours is between 15 and 32 hours per week; and there are no compelling operational reasons against it.

The request must be submitted in writing to the employer no later than three months before the end of parental leave. Anyone who misses this deadline risks a delay in the implementation of the part-time arrangement. If your employer refuses to grant part-time work without a valid reason, it is advisable to seek legal counsel.

If you're unsure whether your specific case meets the legal requirements, please feel free to contact us— we'll review your situation in detail.

Can I return to my original full-time position after working part-time?

Not automatically. Once an employee has reduced their working hours, they do not have an immediate legal right to return to their original number of hours. However, Section 9 of the Part-Time and Fixed-Term Employment Act (TzBfG) stipulates that part-time employees must be given preferential consideration when a suitable full-time position becomes available, provided they have expressed a desire to increase their hours.

While this provision does not offer absolute protection, it does provide an important bargaining position. In the event of disputes over the interpretation of this preference rule, judicial clarification may be necessary.

Does my employer have to apply changes to company policies to me while I'm on parental leave?

Yes. If changes to working conditions are implemented for all employees during parental leave, these changes also apply to the returning employee upon their return. This includes, for example, new work schedules, changes to salary structures resulting from collective bargaining agreements, or new company policies that were adopted during the period of absence.

How long does protection against termination last before parental leave begins?

Special protection against termination begins even before parental leave actually starts: for parental leave taken during the child’s first three years of life, protection begins upon notification, but no earlier than eight weeks before the start of the leave. For parental leave taken between the child’s third and eighth birthdays, protection begins upon notification, but no earlier than 14 weeks before the start of the leave. In all cases, this special protection ends no later than the end of the parental leave.

What happens if I worked part-time during my parental leave?

Anyone who has already been working reduced hours during parental leave must return to the number of hours agreed upon before the start of parental leave once parental leave ends—unless a separate request for part-time work has been submitted for the period following parental leave. During parental leave itself, parents may work up to 32 hours per week (for children born before September 1, 2021: up to 30 hours per week), with the monthly average being the determining factor.

What can I do if my employer refuses to let me return to work or treats me unfairly?

If you believe that the new position you were assigned after parental leave is not equivalent to your previous one, or if your employer is making it difficult for you to return to work without cause, this dispute can ultimately only be resolved by a labor court. There is also legal recourse available in cases of unjustified pay cuts or transfers to a significantly less desirable location.

In such cases—especially if there is a possibility of termination upon return—it is crucial to seek legal advice early on to ensure that deadlines are not missed and to assess any potential entitlement to severance pay.

Are there any recent changes to the law that affect returning from parental leave?

At its core, the right to return from parental leave continues to be based on the BEEG, whose key provisions regarding the right to part-time work, protection against termination, and continued employment have remained stable in recent years. However, recent reports from the spring of 2026 show that many parents are often not sufficiently aware of their existing rights at work—such as those regarding part-time work and sick pay for children—which leads to conflicts in practice. Seeking legal advice before returning to work can help avoid misunderstandings with the employer.

Conclusion

The return from parental leave is clearly regulated by law; nevertheless, in practice, conflicts often arise regarding the specific arrangements for the workplace, the approval of requests for part-time work, or how to handle the expiration of protection against termination. Knowing your rights and adhering to deadlines—such as the three-month deadline for submitting a part-time request—significantly strengthens your negotiating position. If you have any uncertainties or conflicts with your employer, it’s worth consulting an employment lawyer who can assess your individual situation in light of current labor law.