The Parental Leave allows employees to devote time to their family after the birth of a child while maintaining their existing employment relationship. However, conflicts with the employer often arise when the return to work approaches.
Many employees have questions such as: Am I entitled to return to my previous job? Can my employer assign me different duties? Can I be dismissed after parental leave?
As a lawyer in Freiburg, I assist employees with issues relating to parental leave, returning to work, and their rights vis-à-vis their employer.
What Rights Do I Have After Parental Leave?
During parental leave, the employment relationship continues, although the main obligations under the employment contract are suspended. Once parental leave ends, the employment relationship generally continues under the previous contractual terms.
This means that employees are entitled to return to employment after parental leave.
In practice, however, problems frequently arise, for example if:
- the previous position has been filled by someone else
- the employer offers only a lower-level position
- duties or areas of responsibility are taken away
- a request to return on a part-time basis is rejected
- pressure is exerted to sign a termination agreement
Employees returning after a longer absence should therefore be aware of their rights.
Am I Entitled to My Previous Job After Parental Leave?
One of the most common questions is: Am I entitled to return to exactly the same job after parental leave?
As a general rule, your employer must continue to employ you in accordance with your employment contract. However, there is no automatic entitlement to exactly the same desk or precisely the same individual duties.
At the same time, your employer cannot simply assign you any lower-level position. The new role must fall within the scope of your employment contract and be equivalent in status.
Employees do not have to accept a demotion or disadvantage because they have taken parental leave.
Part-Time Work After Parental Leave – What Are the Rules?
Many parents do not wish to return to full-time employment immediately after parental leave.
Under certain conditions, employees may be entitled to part-time work after parental leave. Relevant factors include the size of the company, the length of the employment relationship, and whether the request was submitted within the required time limits.
Conflicts often arise when employers:
- reject the requested working hours
- offer only unsuitable working arrangements
- make returning to work difficult
- seek to prevent a reduction in working hours
Whether a refusal is legally justified should be assessed on a case-by-case basis.
Dismissal After Parental Leave – Is It Permitted?
Employees benefit from special protection against dismissal during parental leave. As a general rule, an employer may terminate the employment relationship during this period only under exceptional circumstances.
Once parental leave ends, this special protection no longer applies. However, this does not mean that the employer may dismiss the employee without further justification.
A dismissal after parental leave must still comply with the general requirements of employment law. In particular, it may be necessary to examine whether:
- there is a legally valid reason for dismissal
- the German Protection Against Dismissal Act applies
- the dismissal is connected with the parental leave
- all deadlines and formal requirements have been observed
In the event of a dismissal, employees need to act quickly. As a general rule, an unfair dismissal claim must be filed within three weeks.
Problems When Returning from Parental Leave
Many conflicts do not arise from a direct dismissal, but from changes in the workplace.
Typical situations include:
- “I am told that my previous position no longer exists.”
- “My employer is only offering me a lower-level position.”
- “I have less responsibility than before.”
- “My working hours are no longer compatible with my childcare arrangements.”
- “I am being asked to sign a termination agreement.”
In such situations, it is advisable to obtain legal advice before making decisions or signing any agreements.
Returning from parental leave should be an orderly return to work – not a career disadvantage.
I will review the following for you:
✓ What rights do you have after parental leave?
✓ Is the position being offered to you appropriate?
✓ Are you entitled to work part-time?
✓ Is a dismissal after parental leave legally valid?
✓ Should you sign a termination agreement?
