Applying for parental leave - what steps are necessary?
March 11, 2022 | 40,00 EUR | answered by Alexander Lenzner
Dear Employment Law Attorney,
My name is Babette Ullmann and I have been working as a project manager in a medium-sized company for five years. Recently, I found out that I am pregnant and plan to apply for parental leave. However, I am unsure about the necessary steps and how to proceed.
I am currently in a permanent employment relationship and intend to start parental leave immediately after the birth of my child. My boss is already aware of my pregnancy, but we have not yet discussed the specific details of the parental leave. I am concerned that there may be issues when I submit the application or that my job could be at risk during my absence.
Could you please explain to me the exact steps I need to take to apply for parental leave? Do I need to fill out a specific form or is an informal request to my employer sufficient? Are there deadlines that I need to meet, and what rights do I have during my parental leave? Additionally, I am interested in whether my boss could terminate me during my absence and how I can protect myself against this.
I would greatly appreciate it if you could assist me with your expertise and provide me with possible solutions. I want to ensure that my parental leave goes smoothly and that I can return to my job after my absence.
Thank you in advance for your support.
Sincerely,
Babette Ullmann
Dear Ms. Ullmann,
Thank you for your inquiry regarding parental leave in your permanent position as a project manager in a medium-sized company. It is understandable that you are thinking about the best way to plan your parental leave and avoid potential problems. I will explain in detail the steps you need to take to apply for parental leave, the deadlines to be met, and the rights you have during this time.
As an employee in Germany, you have a legal right to parental leave according to the Federal Parental Allowance and Parental Leave Act (BEEG). It is important to note that you must inform your employer in a timely manner about your planned parental leave. A written application is recommended to clearly regulate the compatibility of parental leave with your employment. In general, an informal application stating the period and duration of parental leave is sufficient.
There are also legal deadlines that you must adhere to. You must submit the application to your employer at least seven weeks before the start of parental leave. If you plan to take parental leave immediately after the birth of your child, I recommend informing your employer about your plans as early as possible so that they have enough time to prepare for your absence.
During your parental leave, you are protected from termination by your employer. This protection against dismissal applies from the moment you submit the application for parental leave until the end of the parental leave. This means that your employer cannot dismiss you for operational reasons during your parental leave. If your employer still attempts to terminate your employment, you can legally defend yourself and potentially file a dismissal protection lawsuit.
In summary, you can inform your employer about your planned parental leave, submit an informal application, meet the seven-week deadline, and be protected from dismissal during your parental leave. If you have any further questions or need assistance with the application, I am happy to help.
Sincerely,
Alexander Lenzner
Employment Lawyer
