Germany's Parental Leave Dismissal Protection Kicks In Weeks Before Leave Starts – Here's What to Know
15.06.2026 - 01:13:54 | boerse-global.de
Massive restructuring plans at Thyssenkrupp – 11,000 job cuts in its steel division by 2030 and 1,800 more in the Automotive Technology unit by September 2025 – have thrust a lesser-known layer of German labour law into the spotlight. While a collective agreement called "Zukunft Stahl 20-30" rules out operational redundancies until March 2026, the broader wave of industrial transformation means that the special dismissal protection afforded to parents on leave is suddenly a make-or-break issue for many workers.
German law grants employees parental leave with a near-total ban on termination. But the shield does not simply activate on the first day of leave. It is tied to clear advance deadlines that catch many off guard. For parents with a child under three years of age, the protection begins eight weeks before the planned start of parental leave. For children aged between three and eight, the buffer expands to 14 weeks. Labour law specialist Johannes Schipp confirms that during active parental leave, any dismissal – even an extraordinary one – is forbidden. Normal protection under the general Dismissal Protection Act only resumes after the parent returns to work.
Only one scenario makes a dismissal lawful during parental leave: a complete closure of the business. Even then, a mere decision to shut down is not enough. The employer must obtain prior approval from the competent authority. Without that step, any termination is void.
If a parent does receive a dismissal notice despite these rules, the response must be swift. A wrongful dismissal lawsuit must be filed with the labour court within three weeks of receipt. The general dismissal protection prerequisites apply: the employee must have been with the firm for more than six months, and the business must have more than ten staff. In the mandatory conciliation hearing, the court will try to broker a settlement. The agreement could cover the date of termination, wording of references, garden leave, or a severance payment – though there is no legal entitlement to severance.
Separately, a completely different deadline is looming in the dental profession. Dentists must upgrade their electronic health professional cards (eHBA) to a specific generation by 30 June 2026. Failure to do so will result in the card being blocked, cutting off functions such as the signature for electronic prescriptions.
