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Protection against dismissal during parental leave: Protection against dismissal is renewed at each stage
Expert article in labor law
Protection against dismissal during parental leave: Protection against every new phase
Being dismissed immediately before the planned start of parental leave usually comes as a complete surprise to employees, especially if the employer has already approved the leave. Many employees are unaware that the special protection against dismissal during parental leave takes effect even before it begins. A recent ruling by the Federal Labor Court has now significantly expanded this protection, particularly in cases where parental leave is divided into several periods.
This article explains the decision and highlights the legal implications.
Special protection against dismissal during parental leave: This is stipulated in Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG).
Employees who take parental leave should not lose their jobs. The Federal Parental Allowance and Parental Leave Act (BEEG) guarantees this principle through special protection against dismissal. Parents are entitled to a total of three years of parental leave for each child, which they are generally free to divide between themselves. During this period, employees enjoy special protection.
This protection is legally based on Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG). This provision prohibits employers from terminating employment contracts during parental leave. If a termination violates this prohibition, it is void pursuant to Section 134 of the German Civil Code (BGB) in conjunction with Section 18 of the BEEG. The invalidity takes effect automatically, without the employee having to take any action. Only in exceptional cases may the competent supervisory authority declare a termination permissible in advance.
This protection goes further than the general protection against dismissal under the German Protection Against Dismissal Act. Its application depends neither on company size nor on a specific length of service, but solely on the employee's request for parental leave. The Federal Labor Court has once again emphasized precisely this comprehensive scope of protection in its recent ruling.
If you receive a notice of termination during or immediately before your planned parental leave, a timely legal review is recommended, as such notices are often invalid.
Anticipatory protection against dismissal during parental leave: When does the protection begin before the first day?
The special protection doesn't begin only on the first day of parental leave. The law shifts the protection forward in time, which is referred to as "preliminary effect." As soon as an employee applies for parental leave, dismissal by the employer is no longer permitted, but not before eight weeks before the planned start of the parental leave.
The relevant provision is Section 18 Paragraph 1 Sentence 2 No. 1 of the Federal Parental Allowance and Parental Leave Act (BEEG). The decisive factor is the point in time at which parental leave is requested. If an employee submits the application more than eight weeks before the planned start date, the protection does not take effect immediately, but only after the eight-week period has expired. If the application is submitted within this period, the protection takes effect upon receipt of the request.
This preliminary provision serves a clear purpose: to prevent the employer from terminating the employment relationship immediately before the start of parental leave and thereby circumventing the actual protection afforded during parental leave. If the employer were allowed to end the employment relationship shortly before the first day of parental leave, the protection afforded during parental leave, as stipulated in Section 18 Paragraph 1 Sentence 3 of the Federal Parental Allowance and Parental Leave Act (BEEG), would be largely rendered ineffective. The court based its decision precisely on this argument.
Distributed parental leave: Protection against dismissal arises anew for each period.
In principle, each parent is free to divide their parental leave into several periods. The legal basis for this can be found in Section 16 Paragraph 1 Sentence 6 of the Federal Parental Allowance and Parental Leave Act (BEEG). Many parents make use of this option, for example, to combine periods of full parental leave with periods of part-time work or to flexibly share childcare responsibilities.
For a long time, it was unclear how the advance protection against dismissal would apply in such a division of parental leave. The crucial question was: Does the eight-week advance effect only apply before the first period, or does it come into force again before each subsequent period? This question has great practical significance for employees, as there may be periods between the individual periods during which no parental leave is taken at all.
The Federal Labor Court has clarified this issue unequivocally: The anticipatory protection against dismissal takes effect with each individual request for parental leave. The protection begins anew before each period, even if the employee has claimed all periods in a single letter. What matters is not the number of letters submitted, but the number of periods for which parental leave is claimed.
For you as an employee, this means comprehensive protection throughout each planned period of parental leave. If you plan to divide your parental leave into several phases, it is advisable to have the specific dates and deadlines reviewed by a lawyer to ensure that the protection is actually effective.
The judgment of the Federal Labour Court of 18 June 2026 (Case No. 2 AZR 213/25): Facts and content of the decision
The decision was based on a case in which a father had been employed by his employer since July 1, 2024. On July 23, 2024, he applied for parental leave for four different periods between July 11, 2024, and July 10, 2027. For the second of these periods, which was to run from November 11, 2024, to July 10, 2025, he also requested part-time employment during his parental leave. The employer approved both the parental leave and the requested part-time employment.
Shortly thereafter, however, after consulting the works council, she issued a standard notice of termination effective October 31, 2024, or alternatively, at the earliest possible termination date. At that time, the employee was not taking parental leave. The father contested the termination with a claim for protection against unfair dismissal, asserting retroactive protection against dismissal, as he had also applied for parental leave effective from November 11, 2024.
The Münster Labour Court (judgment of March 28, 2025, case no. 4 Ca 1549/24) and the Hamm Regional Labour Court (judgment of November 5, 2025, case no. 11 SLa 394/25) both ruled in favor of the employee. The employer's appeal to the Federal Labour Court (judgment of June 18, 2026, case no. 2 AZR 213/25) was dismissed.
The Federal Labor Court ruled the dismissal invalid under Section 134 of the German Civil Code (BGB) in conjunction with Section 18 Paragraph 1 Sentence 2 No. 1 of the Federal Parental Allowance and Parental Leave Act (BEEG). The wording of the provision, which refers to the point in time from which parental leave is claimed, means that the retroactive protection against dismissal applies to each individual request for parental leave. Because the employee had requested parental leave beginning on November 11, 2024, he was already protected against dismissal within the eight-week period preceding this period, even though the dismissal occurred during a period without any current parental leave.
No exclusion during the probationary period: Protection against dismissal despite waiting period
A particularly relevant aspect of the decision in practice concerns the probationary period. The employee had only been employed since July 1, 2024, and was therefore still in the initial phase of his employment. Nevertheless, he was entitled to special protection against dismissal.
The Federal Labor Court clarified that the fact that the employee was still in their probationary period is irrelevant. The Federal Parental Allowance and Parental Leave Act (BEEG) provides no exceptions to the special protection against dismissal, not even within the six-month waiting period stipulated in Section 1 Paragraph 1 of the Protection Against Dismissal Act (KSchG). While general protection against dismissal under the KSchG only takes effect after six months of uninterrupted employment, the special protection against dismissal under the BEEG exists independently of this and applies from the first day of employment.
This is essential information for employees in the first few months of a new job. Those who apply for parental leave during this period enjoy the same protection against dismissal as long-term employees. Conversely, employers cannot rely on the fact that an employee is still in the probationary period to be able to issue a valid dismissal without further ado.
The legal situation is often unclear, especially during the probationary period. Therefore, have any dismissal issued in connection with a request for parental leave reviewed by a lawyer immediately.
When is legal advice regarding protection against dismissal during parental leave advisable?
The legal regulations concerning parental leave and protection against dismissal are complex, and even minor oversights can have significant consequences. Anyone wishing to contest a dismissal must typically file a claim for protection against dismissal with the labor court within three weeks of receiving the notice of termination (§ 4 sentence 1 KSchG). If the employee allows this deadline to pass, the dismissal is generally considered legally valid, even if it actually violated the Federal Parental Allowance and Parental Leave Act (BEEG).
Engaging a lawyer is particularly advisable if a dismissal is issued immediately before or during intended or ongoing parental leave, if the parental leave is divided into several periods, or if there are doubts as to whether the application was submitted on time and in the required form. The overlap of parental leave, a desire for part-time work, and a probationary period also frequently leads to legal disputes, as the case discussed illustrates.
A legal review clarifies whether the preliminary effect of Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG) applies, whether the eight-week deadline was met, and whether the termination might be invalid under certain circumstances. Furthermore, it protects against the loss of existing rights due to missing the deadline.
If you have received a notice of termination and are planning parental leave or have already applied for it, you should seek legal support immediately, as the three-week deadline for filing a lawsuit is rapidly approaching.
Summary: Protection against dismissal applies before all periods of parental leave.
The Federal Labor Court has significantly expanded protection against dismissal in cases of parental leave divided into multiple periods. If an employee applies for parental leave for different periods, the retroactive protection against dismissal comes into effect again before each of these periods, even if all periods were claimed in a single letter. The decisive factor is solely the respective date from which parental leave is claimed.
The question of whether the employee is still within their probationary period is also irrelevant. The special protection against dismissal under Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG) does not stipulate a waiting period in this context. This results in greater security for employees when flexibly structuring their parental leave. For employers, this means the necessity of carefully reviewing any dismissal in the context of planned parental leave periods to avoid declaring the dismissal invalid.
A dismissal related to parental leave can often be successfully challenged. Have your specific case assessed from an employment law perspective and clarify what legal options are available to you against a dismissal.
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Frequently Asked Questions (FAQ)
According to Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG), employers are prohibited from terminating an employee's employment contract during parental leave. If a termination violates this prohibition, it is void pursuant to Section 134 of the German Civil Code (BGB) in conjunction with Section 18 of the BEEG. Only in exceptional circumstances does the supervisory authority have the power to declare a termination permissible in advance.
Yes. There is a preliminary effect: From the moment parental leave is applied for, termination of employment is inadmissible, but no earlier than eight weeks before the intended start date (§ 18 para. 1 sentence 2 no. 1 BEEG). If the application is submitted within this eight-week period, the protection takes effect upon receipt of the application.
Yes. According to the ruling of the Federal Labour Court, the anticipatory protection against dismissal applies again before each individual period of parental leave for which parental leave has been requested, even if all periods were requested in a single letter.
No. What matters is not the number of applications, but the number of periods of parental leave requested. The preliminary protection applies anew before each individual period.
Yes, provided that parental leave has already been applied for a future period and the termination occurs within the eight-week period before the start of that period. In the case at hand, the employee was protected from dismissal even though the termination was issued during a period without existing parental leave.
Yes. The special protection against dismissal under the Federal Parental Allowance and Parental Leave Act (BEEG) begins immediately upon commencement of employment and does not require a waiting period. Unlike the general protection against dismissal under the German Protection Against Dismissal Act (KSchG), which only applies after six months of employment, the probationary period is irrelevant here.
According to § 134 of the German Civil Code (BGB), it is void and has no legal effect from the outset. Nevertheless, it is advisable not to rely solely on it, because compliance with the time limit for filing a lawsuit is necessary to safeguard one's rights.
Generally, the deadline is three weeks from receipt of the notice of termination. Within this period, a claim for protection against unfair dismissal must be filed with the labor court (§ 4 sentence 1 KSchG). If this deadline is not met, the dismissal is generally considered valid, even if there is a violation of the BEEG (Federal Parental Allowance and Parental Leave Act).
Parents are entitled to a total of three years of parental leave for each child. According to Section 16 Paragraph 1 Sentence 6 of the Federal Parental Allowance and Parental Leave Act (BEEG), dividing this leave into several periods is generally permissible, for example, to combine full parental leave with periods of part-time work.
This is especially important if you receive a notice of termination immediately before or during intended or ongoing parental leave, if you have divided your parental leave into different periods, or if there are doubts as to whether your application was submitted on time and in the required form. A legal review determines whether the protective effect applies in advance and whether the termination is legally ineffective, and also ensures compliance with the relevant time limit for filing a lawsuit.
