Parental leave in Germany

Hi wondered if someone could help,after searching the TT threads I had a few questions...

1.As a UK (EU) citizen, is there a minimum time you have to work for an employer/in germany before you can apply for parental leave?

2.How long after the birth can you apply?

3.How much time off are you entitled to?

Help greatly appreciated!

Hi,
I am not certain but I don't think that you have to be employed a certain length of time before you go out on Elternzeit. You do have to inform your employer as soon as possible, though, that you want to take Elternzeit. You have to submit a written request of the dates that you want to take off, and depending on the employer they may not let you adjust those dates once they are approved. You can take Elternzeit for up to 3 years after the birth of your child, and if you prefer you do not have to take the time all at once. I hope this helps.

1. I couldn't find anything about a minimum period of employment, neither for German nor foreign employees.

2. If you want to take off the maximum amount of time (3 years between birth and 3rd birthday of the child), it should obviously start with birth, otherwise you are free to take Elternzeit at a later point of time. With the consent of the employer, up to 12 months can also be postponed to a period between the 3rd and the 8th birthday of the child.

3. Up to 3 years per child for each parent.

Have a look at this thread as well: Job termination after asking for parental leave, post #11 and following.

I am American, worked as a freelance English teacher for 10.5 months. I am not in the last month of my elterngeld, but I left my job. So I am not sure what it entails when you want to keep your job.

Amber: As a freelancer, you never had a job in the sense of an employer-employee relationship. Business contracts are obviously not affected.

Yea I know that, which is why I said I don't know what it entails when you keep the job. I guess I should ahve added when you have a real job or a contact.

You can apparently take years off work, and they have to keep your job open for you, but if you are talking about parental leave where you actually get some money from the state, then I think you get 14 months between you and your partner. I do not really know the facts, because my missus does all the Germany related paperwork, not me, but here is what I think goes on, based upon what we did.

Wife took 12 months. I took 2 months. This was only splittable into 2, 1 month periods. I could have taken these 2 months anytime within the first 14 months after the birth. The start date must always be the same day as the birth, EG baby born on the 8th of the month, means your periods of leave have to also start on the 8th on the month. You can also work some part time hours during parental leave, upto 30 a week I think.

You get 66% of your salary paid to you by the state, but there is an upper limit of a few thousand euro, so don't expect to leave a 100k job, and get 66k a year from them. I think anyway. As it turned out, my company just decided to let me go on leave, but carried on paying me, so I did not apply for any cash from the state.

Upper limit is 1800 per month.

Guys thanks for all your help, has really made things clearer. Is my understanding correct that the employer cannot refuse to let you go on parental leave and take the time off?

Yes, as long as you keep to the official dates on when to file (7 weeks before estimated beginning) and so on.

As Germans say, Jain. You have the right to take it but you have to come to an agreement with your employer. And if the leave is long, you must inform in advance (because probably the employer will need a replacement person in the mean time).

From my employer:

within one week (important!) after the birth of your baby you and/or your husband should send an informal letter to your employer(s) applying for "Elternzeit". You don't need a birth certificate at this point. As far as I know, your husband could start with "Elternzeit" right after the 8 weeks of "Mutterschutz". You could even take "Elternzeit" at the same time, so that both of you could work part-time. Concerning "Elterngeld" you are entitled to receive 12 months, only if your husband takes at least 2 months "Elterzeit", you'll receive 14 months together. (This obviously is meant as an incentive for fathers to take "Elternzeit" as well.)
For further information you could contact the "Amt für Familienförderung" www.zbfs.bayern.de.

Yes, but, as for women, you are not guaraneteed the exact same job when you return, but something comperable. I've seen women, and men, basically offered a crap position after 2 or three 3 years off.

That's not exactly full info. For the Mrs, applying for the Elternzeit within one week after the birth to start immediately after the Mutterschutz is correct. If however the Mr wants to have Elternzeit immediately after the birth, rather than starting 8 weeks afterwards, which is probably what most actually want, then he should apply seven weeks before the official expected date of birth and then confirm and send in a birth certificate immediately after the birth.

Strictly speaking you don't "apply" for Elternzeit either - you simply inform your employer that you will be taking it.

As for don_riina's bit about the leave having to start on the same day of the month as the child's birthday, I've never heard of that one before (I've even read the official booklet on this stuff, exciting person that I am), and certainly my employer doesn't enforce it.

I pasted information received directly from my employer. Since my department currently has a father and two mothers taking Elternzeit, however, I have reasonable faith in our departmental admin to be reasonably aware of the requirements.