Labour Law Basics

Maternity leave (Mutterschutz), parental leave (Elternzeit), and parental allowance (Elterngeld) give you the time and resources you need to dedicate yourself fully to caring for your child and then return to your job. This is how you can balance family and career.

Maternity leave (Mutterschutz) is a statutory entitlement. It begins six weeks before the due date and ends eight weeks after birth. During this period, mothers are on mandatory leave and receive their full salary.

Please note: In some cases, expecting mothers may be put on mandatory leave throughout the entire duration of their pregnancy – if, for example, their job involves hazardous materials or is very physically demanding.

Parental leave is a partial or complete timeout from your job that enables you to care for your child. Both parents are legally entitled to take it, both for up to three years. You don’t have to take parental leave in one continuous stretch; you may divide it into two or three phases. Up to two years of that time can be taken between your child’s third and eighth birthday. Parents can also decide to take their three years of parental leave concurrently. You have to inform your employer about the phases of your parental leave seven weeks in advance. Employers have no authority to deny your parental leave.

If you are not working during your parental leave, your employer is not paying you a salary, but you are entitled to receive parental allowance. This government benefit comes in three different versions that may also be combined: Basic Parental Allowance (Basiselterngeld), Parental Allowance Plus (ElterngeldPlus), and Partnership Bonus (Partnerschaftsbonus).

• Basic Parental Allowance can be claimed for up to 14 months after the child’s birth. Suppose, during this period, parents take turns as primary caretakers and are losing income because of it. In that case, they may divide the 14 months of Basic Parental Allowance amongst each other, with a minimum of two and a maximum of twelve months for one person. Their monetary entitlement is 65% of the gross income each parent earned before their child was born and that they are now giving up.
• Parental Allowance Plus can be drawn for twice as long as Basic Parental Allowance, but it only amounts to half as much as basic parental allowance.
• The Partnership Bonus is an additional option for parents who split their professional and familial responsibilities. Both parents can draw an additional four months of Parental Allowance Plus if they work part-time for a minimum of 24 and a maximum of 32 weekly hours.