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Understanding Parental Leave Dismissal Protections in Germany

Employees on parental leave in Germany are protected from termination except in narrowly defined cases, with legal recourse available to challenge dismissals.

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Overview

  • German law prohibits employers from terminating employees during parental leave, except in cases of insolvency, business closure, or serious misconduct.
  • Any dismissal during parental leave requires prior approval from the relevant occupational safety authority to be valid.
  • Employees have three weeks from receiving a termination notice to file a protection lawsuit at the labor court, which begins with a conciliation hearing.
  • If no settlement is reached during the conciliation, the case proceeds to a chamber hearing with two lay judges for a final decision.
  • Termination ends parental leave and impacts health insurance coverage, but does not affect parental allowance or eligibility for unemployment benefits.