Who can take parental leave?
In principle, fathers and mothers who work during parental leave are entitled to parental allowance. More specifically, these are the child’s birth parents, adoptive parents, or foster parents. However, it is also possible for your spouse or registered partner to take parental leave for your partner’s child. For grandparents or relatives up to the third degree, the requirements are very strict and it is very difficult to take advantage of parental leave: they must look after the child at home because the parents themselves are not capable and must have the consent of the custodial parent.
Parental leave is valid for a maximum of 3 years per child.
When should the application for parental leave be submitted?
For children aged between one and three years, the application for parental leave must be made in writing at least seven weeks before starting work. For children between four and eight years old it must be at least 13 weeks. If this deadline is not respected, the start of parental leave will be postponed accordingly.
When registering for parental leave, parents must make a binding commitment for the first two years of the child’s life so that employers have the opportunity to plan accordingly. However, if you intend to take parental leave for the third year of life, this must only be registered no later than seven weeks before the end of the second year of life.
How are vacation days treated during parental leave?
If employees are on parental leave, employers can reduce their holiday entitlement within that month for each month they do not work due to parental leave, so the employee does not receive any days off for that month. This only applies if the employee does not work part-time.
If employees take parental leave for the entire year, they do not receive vacation days. If you only take parental leave for 6 months, you are entitled to half the vacation days.
Holidays not taken before the start of parental leave will not be lost. It can be carried over to the current holiday year or to the next after the end of parental leave.
What changes if you work part-time during parental leave?
In principle, parents can continue to work during parental leave, but for a maximum of 32 hours per week (or 30 hours for children born before 31 August 2021). If parents were already working in this context before taking parental leave, they can continue their work without the employer’s consent.
If employees wish to continue reducing their working hours during parental leave, they are entitled to part-time employment between 15 and 32 hours per week. This only applies if you have been working for the company for more than six months and the company usually has more than 15 employees.
If employees wish to work part-time for at least two months, they must request this in writing seven weeks in advance. However, this changes depending on the age of the child. From the age of four, part-time work must be announced 13 weeks in advance.
The letter must contain the following information:
- start
- Duration of time
- Extent of part-time work
- desired distribution of working hours
This request can only be rejected for urgent operational reasons. Feedback must be provided within four (children under four) or eight (children over four) weeks.
With the employer’s consent, parents can also work part-time for another employer or for a self-employed person.
Layoff during parental leave?
No, parents cannot be fired by their employer during parental leave. Protection against dismissal comes into effect as soon as the employee requests parental leave or eight weeks before the start of parental leave. This only applies While parental leave. In the event of splitting, there is no protection against temporary dismissal.
If employees wish to terminate their employment at the end of parental leave, this must be done within three months before the end of parental leave.
If you have been unfairly dismissed while on parental leave, the dismissal protection action must be brought within three weeks.
Dismissal during parental leave is legal only if the company is silent and continuation of the employment relationship is impossible.
Changes in 2024 regarding parental leave
Three main changes have been made to the topic of parental leave in the new year: the income limit, the right to basic parental allowance for couples and the obligation to register.
Obligation to report parental leave
A new parental leave reporting procedure has been in force since 1 January 2024. Until now, employers sent a termination notice to health insurance companies when parental leave began. While these help health insurance companies recognize the start of parental leave, information about the end of parental leave is often lacking. Previously there was no separate reporting requirement for this. As a result, health insurers often find out about changes during the next paycheck.
With the new procedure, cash registers can now also verify:
- to what extent membership in public health insurance continues
- and how high are the contributions of voluntarily insured employees.
Since the start of the new year, employers have been required to inform health insurers whether and for how long their employees are on parental leave. There is no obligation to report if you work part time or have private insurance!
What happens if you cancel or change your health insurance provider?
If employees change health insurance companies during parental leave, the employer must notify the new insurance company of the parental leave. This is done via a startup message. You are not required to send a termination notice to your old health insurance company.
If the employee resigns during parental leave, the employer presents a severance notice with the date of termination of the employment relationship.
How will employers proceed if parental leave has already started in 2023?
The new reporting procedure applies to parental leave started after 1 January 2024. For all others, the transitional legislation applies: it is not necessary to submit any notification of the start. Additionally, no termination notification is required if the employee works part-time for the employer during parental leave.
The new reporting obligation arises for the first time for parental leave starting from 1 January 2024.
Income limits for couples and single parents
From 1 April 2024, the income limit for couples and single parents under which parents are entitled to parental benefit will be lowered.
The income limit above which parents are no longer entitled to parental allowance was previously 300,000 euros for couples and 250,000 euros for single parents. The limit will apply to births from April 1, 2024 at 200,000 and 150,000 respectively lowered. Next year (1 April 2025) the limit will be lowered again, up to a taxable income of 175,000 euros.
This applies to children born on or after 1 April 2024 (or 2025).
The amount of parental allowance is not changed.
Basic parental allowance for couples
Until now, couples could receive basic parental allowance at the same time without restrictions. For births starting from 1 April 2024 the situation changes. Parents who wish to receive basic parental allowance at the same time can only do so for one month. It is therefore still possible for both parents to jointly care for the newborn in the month of birth.
If parents want to receive parental allowance for more than one month at the same time, at least one of the parents must opt for parental allowance Plus. This change is intended to promote shared sharing of care and work work between parents.
Keep an overview of parental leave and better manage absences
You can make the whole topic of absences much clearer by using the clock-in app. Parental leave can be entered either by the employee themselves or by you as the employer via the app. With just a few clicks you can always have an overview of all absences, including sick leave and holidays, simplifying the management of your company. Using the absence function in the app it is also possible to store the relevant forms, which can be forwarded directly to the office center and therefore to the relevant department.