Parental leave enables mothers and fathers to suspend their professional duties for a certain period of time in favor of caring for their child. However, during parental leave, it often becomes apparent that the originally planned duration is not sufficient. An extension may be a solution in such cases. But which requirements apply, which deadlines must be met, and in which cases can the employer refuse an extension? This article takes a comprehensive look at the topic.
The basics: How long can parental leave be taken regularly?
After German law Parents are entitled to a total of 36 months of parental leave per child. This period must be taken no later than the child's eighth birthday.
Parental leave can be arranged flexibly:
- It can be used in up to Three time periods Be divided.
- The consent of the employer is required for further subdivisions.
- The same rules apply to parents whose children were born after July 1, 2015.
💡 Important 💡
The first twelve months after the birth of a child are considered particularly binding. Decisions on parental leave that fall within this period should therefore be carefully planned, as changes during the so-called Commitment period Are not always possible.
Can parental leave be extended retrospectively?
In principle, it is possible to extend parental leave retrospectively — but only under certain conditions:
🕒 Maximum duration not exceeded: The 36 months specified by law must not yet be exhausted.
📅 Time periods: Parents have not taken more than two periods of parental leave so far (a maximum of three periods are allowed without the employer's consent).
🤝 Commitment period: During the commitment period, changes can only be made with the consent of the employer.
The extension must timely As it is considered a new phase of parental leave from a legal point of view.
Deadlines and the right time for the application
To apply for an extension, parents must meet a statutory period of 13 weeks before the start Comply with the desired extension period. If the deadline is not met, the start is postponed accordingly.
In practice, this means that parents who want to extend their parental leave should plan as early as possible and submit their application to avoid misunderstandings or delays.
💡 Important 💡
Parental leave that is taken without the employer's consent can be regarded as an unexcused absence and, in the worst case, lead to employment law consequences, including immediate dismissal.
The request for extension
An application for an extension must be made in writing and should include the following points:
- Address and contact details of the employer and the applicant.
- The desired date for the start and end of the new period of parental leave.
- One Clear wordingThat it is an extension of parental leave.
A simple but clear wording is sufficient. Employers are required to review the application but are not required to agree to it in every case.
Can the employer refuse the extension?
In Principle, the Employer may only refuse an extension under certain conditions, for example if there are urgent operational reasons to the contrary or if the legal framework (e.g. maximum duration or periods of time) has already been exhausted.
The commitment period, i.e. the first two years after the birth of the child, is particularly critical, during which parents must present a fixed plan. Changes or extensions during this period are only possible if the employer expressly agrees.
Financing extended parental leave
Parental leave is unpaid, so financial planning is particularly important. Most parents apply for the first 12 to 14 months after birth Parental allowance, which is not linked to parental leave, but is often used in parallel.
If parental leave is extended beyond the parental allowance reference period, there are several options:
- Parttime work during parental leave: This allows parents to maintain some of their income while still having enough time for their child.
- Create reserves: Especially before the child is born, it can be useful to plan for financial buffers.
Comparing Parental Leave and Parental Allowance
Planning and documenting parental leave with ZEP
Planning and managing parental leave can be a challenge — especially if it is to be seamlessly integrated into everyday working life. With the ZEP module Overtime, absenteeism & vacation However, keep track of absences, vacation claims and overtime at all times. The module not only offers you structured planning, but also the option to make individual adjustments for each employee.
Flexible management of absences
With ZEP, you can flexibly create and manage absences such as parental leave, maternity leave or time off compensation. Employees simply register their absences and managers can check and approve them directly. This ensures that no absence is lost and that all legal requirements are met.
Detailed evaluations for transparency
The module provides comprehensive evaluations, such as Absence overview Or the Annual overview of absences. These provide valuable insights, such as how many days of absence an employee took due to parental leave or other reasons. It is also easy to track remaining vacation or overtime, which can be used to compensate for time off.
Integrate parental leave seamlessly
Through the function End of month Employees can view their status at any time — from hours worked to remaining vacation and overtime. For companies, the Monthly financial statements In addition, the option to finalize all working and absenteeism for a month and save them in an audit-proof manner. Should a correction be required, the deal can simply be cancelled.
With ZEP, planning and documenting parental leave is not only easier, but also more efficient. Use the module's comprehensive functions to precisely manage your employees' working hours, absenteeism and vacation claims — and thus create clarity for everyone involved.
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Conclusion: Extending parental leave — a well-thought-out decision
Extending parental leave can be a valuable opportunity to spend even more time with your own child. However, it requires careful planning and coordination with the employer. By complying with legal deadlines and taking into account their personal financial situation, parents can optimally organise this special time in family life.
Anyone who plans early and carefully formulates the application has the best chance of enjoying extended parental leave without complications.
FAQs
Can I extend my parental leave spontaneously?
No, you must apply for an extension of parental leave in good time. The application must be submitted in writing to the employer no later than 13 weeks before the start of the extension.
Can the employer refuse to extend parental leave?
During the commitment period or for urgent operational reasons, the employer may refuse an extension. However, once the commitment period has ended, there is usually a right to an extension.
Is there financial support during extended parental leave?
Parental allowance is paid independently of parental leave and expires after 14 months at the latest. In the event of an extension, parents must plan their financial provision themselves or supplement it with part-time work.
