Elternzeit: how both parents can take parental leave

Newborn · Family · Reviewed 20 June 2026 · All articles

Elternzeit is one of the most generous parental leave entitlements in Europe. Under the German Bundeselterngeld- und Elternzeitgesetz (BEEG), each parent is entitled to up to three years of job-protected leave per child, and crucially, both parents can take that leave at the same time. Understanding how Elternzeit works - and how it differs from Elterngeld, the income-replacement benefit that often accompanies it - helps families plan the early months more confidently.

This article explains the key rules of Elternzeit, how both parents can use it simultaneously or in turns, what job protection looks like in practice, and what to do if your situation involves part-time work, self-employment, or a split between two countries.

What Elternzeit is - and is not

Elternzeit is a legal right to take leave from employment following the birth or adoption of a child. It is governed by the BEEG (Bundeselterngeld- und Elternzeitgesetz - the Federal Parental Allowance and Parental Leave Act), which was substantially reformed in 2007 and has been amended several times since.

The leave itself is unpaid. Elternzeit is simply the legal protection that keeps your employment contract intact while you are absent from work to care for your child. Your employer cannot dismiss you during Elternzeit, your position is held for you, and you return to the same or equivalent role when the leave ends.

Each parent is entitled to a total of up to 36 months (three years) of Elternzeit per child, taken at any point up to the child's eighth birthday. This does not have to be taken all at once. Parents can split their Elternzeit into up to three separate periods. The flexibility to defer some leave until the child starts school is a distinctive feature of the BEEG that sets it apart from many other national parental leave systems.

It is important to be clear that Elternzeit and Elterngeld are two entirely separate things. Elternzeit is the leave entitlement - the right to be absent from work. Elterngeld is the income-replacement benefit that the state pays during part of that leave. The two overlap in practice but are legally and administratively distinct. You can take Elternzeit without receiving Elterngeld, and the rules, durations, and application processes for each are different.

Elterngeld: the income-replacement benefit

Elterngeld is paid by the state through the Elterngeldstelle, an office within the local Jugendamt (Youth Welfare Office) or Familienkasse (Family Benefits Office) depending on the federal state (Bundesland). It replaces a portion of lost income during parental leave.

Standard Elterngeld (Basiselterngeld) replaces 65 to 67 percent of the parent's net income before the birth, subject to a minimum of 300 euros per month and a maximum of 1,800 euros per month. It is paid for a maximum of 14 months in total per child, shared between both parents. The allocation is flexible: each parent must take at least two months themselves (the so-called Partnermonate), and the remaining months can be divided between parents in whatever way suits the family.

ElterngeldPlus is a variant introduced in 2015 that pays half the standard Elterngeld rate but for twice as long, making it particularly well suited to parents who return to part-time work. The two variants can be combined.

Elterngeld months must be used before the child turns 14 months (or 32 months for ElterngeldPlus). Elternzeit, by contrast, can be taken up to the child's eighth birthday. This means that after Elterngeld months are exhausted, a parent can continue taking Elternzeit without any income support from the Elterngeld system, relying instead on savings or a partner's income.

How both parents can take Elternzeit at the same time

The BEEG explicitly allows both parents to take Elternzeit simultaneously. There is no restriction on concurrent leave. Each parent applies to their own employer independently, giving the required notice, and the two leave periods can overlap entirely, partially, or not at all - the choice is entirely the family's.

Taking leave simultaneously is common in the first weeks or months after birth, with both parents present at home together. After that overlap period, one parent may return to work while the other continues on leave, or both may transition to part-time work under the Elterngeld rules. Alternatively, parents may take turns: one takes the first year, then the second parent takes the following year, while the first returns to work.

The simultaneous option is particularly valued by families who want both parents to be hands-on in the newborn period and who have savings or Elterngeld income to cover a period on reduced or no salary. It also benefits same-sex couples and adoptive parents, who have the same Elternzeit entitlements as biological parents under the BEEG.

One practical consideration when both parents take leave simultaneously is the effect on Elterngeld. If both parents draw Elterngeld in the same month, they each consume one of their Elterngeld months. The 14 months of standard Elterngeld are shared between the parents, so drawing simultaneously is faster to consume than taking turns. Families should plan their Elterngeld month allocation carefully before the birth to make the most of the financial support available.

Notice requirements and the application process

Elternzeit requires seven weeks' written notice to the employer before the leave begins. This is a legal minimum and the employer cannot waive it, though many parents give more notice in practice as part of normal workforce planning conversations.

The notice must be in writing. A signed letter or printed document delivered to the employer (or HR department) is the safest approach. Some employers accept a PDF by email but unless your employment contract or works agreement explicitly provides for electronic notice, a physical letter is more legally certain. Keep a copy of the notice and evidence of delivery - a recorded postal delivery or a receipt stamp from HR.

The notice must state the intended start date, end date, and structure of the Elternzeit period. At the same time as giving notice, the parent should declare how they intend to use their leave for the first two years. Any changes to leave taken in the third year require a separate, additional application with the same seven-week notice period.

Both the Bundesministerium fur Familie, Senioren, Frauen und Jugend (BMFSFJ) and the Federal Employment Agency publish template letters and detailed guidance for employees applying for Elternzeit. The BMFSFJ's online Elterngeldrechner (Elterngeld calculator) is a useful tool for estimating entitlements before the birth and planning the allocation of months between parents.

Job protection during Elternzeit

One of the most important aspects of Elternzeit is the comprehensive job protection it provides. From the moment an employee submits their application for Elternzeit - at the earliest eight weeks before the leave begins - the employer is prohibited from issuing a notice of dismissal. This protection continues throughout the entire Elternzeit period and ends when the leave concludes.

An employer who gives notice of dismissal during this protected period is in breach of the BEEG, and the dismissal is considered invalid. The employee may apply to the Arbeitsgericht (Labour Court) for a declaration of invalidity. In practice, dismissals during Elternzeit are rare because the legal protection is well established and well known to German employers.

The protection extends to both parents equally and applies regardless of whether leave is taken simultaneously or sequentially. Part-time work during Elternzeit is permitted - an employee on Elternzeit may work up to 32 hours per week with their employer's agreement - and the job protection applies during part-time Elternzeit as well.

After Elternzeit, the employer must offer the returning employee the same position or an equivalent one with the same or comparable conditions. While the exact same role does not need to be preserved in every circumstance (for example if the company has restructured), the returning parent must not be disadvantaged compared with colleagues who did not take leave.

Frequently asked questions

Can both parents take Elternzeit at the same time?

Yes. Both parents can take Elternzeit simultaneously. There is no requirement to take it sequentially. This is a deliberate feature of the BEEG legislation, designed to make it easier for both parents to be present together in the early months. Both parents simply each apply to their respective employer separately, giving the required seven weeks' written notice.

What is the difference between Elternzeit and Elterngeld?

Elternzeit is the legal right to take unpaid leave from work, granted by the BEEG. Elterngeld is a separate income-replacement benefit paid by the state during part of that leave. You can take Elternzeit without receiving Elterngeld (for example after Elterngeld months are used up), and the two are administered differently - Elternzeit is a matter between you and your employer, while Elterngeld is applied for through the Elterngeldstelle at your local Jugendamt or Familienkasse.

How much notice do I need to give my employer for Elternzeit?

The BEEG requires seven weeks' written notice before Elternzeit begins. This applies to both the first period of leave and to any changes in the planned leave schedule. The notice must be given in writing, must clearly state the start and end dates, and must be received by the employer at least seven weeks before the leave starts.

Is my job protected during Elternzeit?

Yes. Employers are prohibited from giving notice of dismissal to an employee who has applied for or is taking Elternzeit. This protection begins from the date the application for Elternzeit is submitted (at the earliest eight weeks before the leave begins) and ends at the close of the Elternzeit period. The protection applies to both parents equally and regardless of whether they are taking leave simultaneously or sequentially.

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