2026BlogSplit Parental Leave: Protection Against Dismissal Resets at the Start of Each Period

Executives often take parental leave in several separate periods rather than one continuous block. To maintain their connection with the company, they may combine individual periods of parental leave with phases of regular work or part-time employment.

Until now, it was disputed whether the special protection against dismissal applies only before the first period of parental leave or whether it begins afresh before each individual period. The Federal Labour Court has now clearly decided this question in favour of employees:

Employees who divide their parental leave into several periods benefit from the special protection against dismissal under Section 18 of the German Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz – BEEG) before each validly requested period. This also applies where all periods were notified in a single letter.

The judgment is particularly relevant for executives who plan their parental leave in several stages to accommodate ongoing projects, areas of responsibility or their further career development.

The case: Dismissal shortly before the second period of parental leave

The claimant had been employed by the employer since 1 July 2024. Only a few weeks after commencing employment, he requested parental leave for a total of four precisely defined periods between July 2024 and July 2027.

During the second and fourth periods, he intended to reduce his working hours to 24 hours per week and continue working on three days of the week. The employer agreed both to the periods of parental leave and to the part-time arrangement. After the first period of parental leave had ended, the claimant initially resumed his regular work. By letter dated 9 October 2024, the employer terminated the employment relationship with effect from 31 October 2024. The second period of parental leave was due to begin on 11 November 2024. The employer apparently assumed that the special protection against dismissal had applied only before the first period of parental leave. In its view, dismissal was permissible during the interval between two periods. The employer had not obtained prior approval from the competent state authority.

The Federal Labour Court’s decision

The Federal Labour Court held that the dismissal was invalid in its decision of 18 June 2026 – 2 AZR 213/25:

The advance protection against dismissal begins anew before each individual period of parental leave.

For parental leave taken before the child’s third birthday, the protection begins no earlier than eight weeks before the start of the relevant period. For parental leave taken between the child’s third and eighth birthdays, the protection begins no earlier than 14 weeks beforehand. As the dismissal had been issued within the eight-week period preceding the second period of parental leave, it breached Section 18 BEEG and was void under Section 134 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). A dismissal would have been permissible only with the prior approval of the competent state authority. The Federal Labour Court also expressly clarified that it makes no difference whether a new letter is submitted before each period of parental leave or whether all periods are listed from the outset in a single request. Each validly requested period triggers its own protection window.

Special protection against dismissal also applies during probation

In our view, it is particularly noteworthy that the claimant had been employed for less than six months when the dismissal was issued. The general protection against dismissal under the German Dismissal Protection Act (Kündigungsschutzgesetz – KSchG) therefore did not yet apply. Nevertheless, the employer could not rely on the rules permitting an easier dismissal during the probationary period. The BEEG does not provide an exception for the six-month qualifying period under the KSchG. The special protection associated with parental leave can therefore generally apply from the first day of employment as soon as the statutory requirements are met. For executives, this means that neither a contractually agreed probationary period nor the fact that the qualifying period under the KSchG has not yet been completed removes the protection provided by Section 18 BEEG.

Part-time work during parental leave is also protected

During the second period of parental leave, the claimant did not intend to leave work completely. Instead, he planned to continue working reduced hours. This does not affect the protection against dismissal. Section 18(2) BEEG expressly extends the special protection to employees who work part-time for the same employer during parental leave. The Higher Labour Court of Hamm had already emphasised this point in the previous instance (Higher Labour Court of Hamm, judgment of 5 November 2025 – 11 SLa 394/25). This is of considerable practical importance for executives. They may continue performing their role on a reduced-hours basis during parental leave without losing the special protection against dismissal for that reason alone.

Several protection windows – but no uninterrupted long-term protection

The judgment does not mean that notifying the employer of several periods of parental leave automatically creates uninterrupted protection against dismissal over several years. Rather, the protection applies before each individual period only within the statutory protection window:

For parental leave taken before the child’s third birthday, it begins no earlier than eight weeks before the relevant start date. For parental leave taken at a later stage, it begins no earlier than 14 weeks beforehand. There may therefore be a period between two periods of parental leave during which the special protection under Section 18 BEEG does not apply. Even where all periods of parental leave are announced one year in advance, for example, the protection does not begin immediately. It starts only when the relevant eight-week or 14-week period is reached. The Federal Labour Court had already clarified this in an earlier decision (Federal Labour Court, judgment of 12 May 2011 – 2 AZR 384/10).

The current judgment therefore creates several separate protection windows, but not automatic and uninterrupted protection from the first request for parental leave until the end of the final period.

Formal errors can result in the loss of protection

The special protection against dismissal requires a valid request for parental leave. Unclear, merely non-binding or invalidly conditional declarations may mean that the protection does not arise.

In 2011, the Federal Labour Court considered the case of an employee who had made his parental leave conditional upon the employer also approving a particular part-time arrangement. After the employer rejected the part-time arrangement, the employee did not take parental leave at all. The Federal Labour Court therefore also held that the advance protection against dismissal did not apply (Federal Labour Court, judgment of 12 May 2011 – 2 AZR 384/10). Compliance with the applicable formal requirements is equally important. Under the previous legal rules, parental leave had to be requested in writing with an original handwritten signature. In 2016, the Federal Labour Court held that transmission by fax was insufficient and therefore did not trigger protection against dismissal (Federal Labour Court, judgment of 10 May 2016 – 9 AZR 145/15). For children born, or placed with a view to adoption, on or after 1 May 2025, text form is now generally sufficient. An email may therefore be adequate. For children born before that date, the older and stricter formal requirements may continue to apply under the transitional provisions. Irrespective of the minimum statutory form, receipt of the request for parental leave should always be documented in a manner that can subsequently be proven.

Points executives should consider when planning parental leave

Each period of parental leave should be specified using clear start and end dates. Non-binding wording such as “expected” or “provisionally” may create unnecessary doubts about the validity of the request. Executives should also determine whether more than three separate periods are planned. As a general rule, the employer’s consent is required from the fourth period onwards. Anyone wishing to continue working part-time during parental leave should ensure that the request for parental leave and the application for part-time work are carefully coordinated, both legally and linguistically. In particular, the entire period of parental leave should not inadvertently be made conditional upon an event that may subsequently fail to occur. For executives, it is also insufficient to consider protection against dismissal in isolation. The current Federal Labour Court judgment does not address the effects of parental leave on bonus targets, long-term incentive plans, equity programs, company cars, occupational pension schemes or other elements of remuneration. These matters must be assessed separately on the basis of the employment contract and the terms of the relevant plans. A dismissal received despite the special protection must not be ignored. Even where a dismissal manifestly breaches Section 18 BEEG, a legal claim challenging it must generally be filed within three weeks.