A Guide to Maternity and Paternity Leave in Germany 

Navigating the landscape of parental leave in Germany can be complex, but it’s essential for both employees and employers to understand the rights and processes involved. This guide provides an overview of maternity and paternity leave, including the duration, required documentation, and the process of requesting leave. We’ll also cover the financial aspects, such as salary insurance provided by the German government. 

Maternity leave in Germany 

Maternity leave is a crucial component of employee benefits in Germany, designed to protect the health of both the mother and the child while allowing the mother to recover and bond with her newborn. 

Length of Maternity Leave 

In Germany, maternity leave, known as “Mutterschutz,” is legally mandated to provide mothers with a minimum period of 14 weeks of leave, split into two parts: 

• Prenatal leave (6 weeks before birth): This period allows expectant mothers to prepare for the arrival of their child. The leave begins 6 weeks before the expected delivery date, during which time the employee is legally protected from being required to work. The purpose of this time is to reduce stress, ensure the health of both mother and baby, and allow the mother to focus on preparing for childbirth. 

• Postnatal leave (8 weeks after birth): This phase begins immediately after childbirth, offering mothers sufficient time to recover physically and emotionally from the birth, bond with their newborn, and adjust to the new responsibilities of motherhood. In cases of premature or multiple births, the postnatal leave is extended to 12 weeks. 

Under certain circumstances, maternity leave can be rearranged: 

• Extending postnatal leave: For example, mothers can delay part of their prenatal leave to extend the postnatal leave. To do so, they must obtain medical approval and inform their employer accordingly. The flexibility of this arrangement allows mothers to tailor their leave to better suit their health and personal needs, making Germany’s maternity leave system adaptable to individual circumstances. 

Requesting maternity leave 

The process for requesting maternity leave in Germany is straightforward but requires attention to detail: 

• Medical certificate: The employee must obtain a certificate from their doctor or midwife confirming the pregnancy and stating the expected delivery date. This document is crucial for both the employer and the health insurance provider to verify the legitimacy of the maternity leave. 

• Notification to employer: In addition to the medical certificate, the employee must inform their employer about the pregnancy and the expected dates of maternity leave. This notification should be done in writing and well in advance to allow the employer to make necessary arrangements. 

If the employee wishes to adjust the leave duration (e.g., shifting more time to postnatal leave), they must provide the necessary medical documentation to both their employer and health insurance provider. This ensures that the employee’s financial and job security is maintained throughout the adjusted leave period. 

Salary during maternity leave 

Financial security during maternity leave is a key concern for many employees. In Germany, the salary during maternity leave is largely protected by the “Mutterschaftsgeld” (maternity allowance) provided by the statutory health insurance, along with an employer’s contribution. This typically covers the employee’s full net salary during the leave period. 

• Mutterschaftsgeld: This allowance is paid by the statutory health insurance and covers up to €13 per day. If the employee’s net salary exceeds this amount, the employer is required to pay the difference, ensuring the employee receives their full net salary. 

These protections are designed to cover the entire salary during the leave period, allowing the employee to focus on their health and their newborn without financial stress. 

Paternity Leave in Germany 

Paternity leave in Germany recognizes the essential role that fathers play in the early stages of a child’s life. While there is no specific “paternity leave” in Germany, fathers are entitled to take parental leave, known as “Elternzeit,” which can be shared between both parents. 

Length of paternity leave (Elternzeit) 

German law provides fathers with the option to take up to 36 months of parental leave, which can be used flexibly over the first three years of the child’s life. This leave is structured to offer both flexibility and support for fathers during the critical early days of their child’s life. 

• Parental leave options: Fathers can choose to take parental leave in one continuous block or split it into multiple periods. They also have the option to defer up to 24 months of this leave until the child is between two and eight years old, providing long-term flexibility. 

This flexibility allows fathers to tailor their leave to meet the needs of their family, balancing their professional and parental responsibilities. 

Requesting paternity leave (Elternzeit) 

The process for requesting paternity leave (Elternzeit) in Germany is straightforward and requires careful documentation: 

• Pre-Birth notification: Fathers who wish to take parental leave immediately after the birth must notify their employer at least seven weeks in advance. This notification should include the intended start and end dates of the leave. 

• Written notice: The request must be submitted in writing, and it’s advisable to keep a copy for personal records. The notification should also specify how the leave will be split if the father plans to take it in more than one block. 

By following these steps, fathers can secure their right to parental leave and ensure that they are fully supported during this important time. 

Salary during paternity leave (Elterngeld) 

During parental leave, the salary is generally not paid by the employer. However, the German government provides financial support through “Elterngeld” (parental allowance). 

• Elterngeld: This allowance compensates for lost income, offering between 65% and 67% of the employee’s net salary, with a maximum of €1,800 per month. The allowance is available for a period ranging from 12 to 14 months, which can be shared between both parents, encouraging fathers to take a more active role in early childcare. 

These financial protections ensure that fathers are supported during their parental leave, allowing them to focus on their family without worrying about financial strain. 

Navigating maternity and paternity leave with Parakar’s expertise 

Ensuring a smooth transition during maternity and paternity leave is crucial for both employees and employers. Understanding the legal intricacies and managing the required documentation can make all the difference in creating a supportive and compliant workplace environment. By staying informed and adhering to German labour laws, employers can foster a positive atmosphere that benefits everyone involved. 

At Parakar, we understand the challenges that come with managing these processes. Our team of experts is here to provide you with the guidance and support you need to navigate German labour laws confidently. Whether you have questions about maternity and paternity leave or other regulatory requirements, we are ready to assist you. 

Contact Parakar today to ensure your business is fully equipped to handle these important responsibilities, allowing you to focus on what truly matters—supporting your employees.