How is leave entitlement regulated during parental leave and maternity leave?

Are you expecting a child or planning to take parental leave soon? Perhaps you are already on maternity leave or are considering working part-time? Then you're probably wondering: What happens to my leave entitlement during parental leave and maternity leave?
In this article, we explain clearly and simply what rules apply in Germany - for mothers, fathers, single parents, adoptive parents and all types of families. Whether you're already in a job or just want to find out more, you'll find all the important information here.

Your regular leave entitlement during parental leave and maternity leave

First of all: During maternity leave, your full leave entitlement remains in place. The legislator does not regard this period as time off, but as a special protection period (Maternity Protection Act § 24 MuSchG). This means that you do not lose any leave - even if you are on maternity leave for several weeks or months.

The situation is slightly different during parental leave. Employers may reduce leave on a pro rata basis by one twelfth for each full calendar month of parental leave (Section 17 BEEG). Important: The reduction must be expressly declared by the employer, otherwise your entitlement remains in place.

The regulation applies regardless of whether you are a mother, father or adoptive parent. Your marital status doesn't matter either - married or not, biological or adopted: The rights apply to everyone who takes parental leave.

If you want to know more about financial support, take a look at our article on maternity benefit and how to apply for it.

What happens to your remaining vacation?

If you still have leave remaining from the time before your maternity leave or before your parental leave, this is not a problem. This does not expire. According to § 17 Para. 2 BEEG, you can make up any unused leave after your parental leave in the current year or the following year.

Example: If you take parental leave in May 2025 and still have 10 days of leave left, you can take these days until December 31, 2026 at the latest. This also applies to leave entitlements from the maternity protection period.

Tip: Clarify this with your employer in good time so that the vacation is not lost.

Your vacation entitlement in part-time

Are you planning to work part-time during or after your parental leave ? Then your vacation entitlement will change - but only on a pro rata basis.

Example: If you are entitled to 30 vacation days per year while working full-time and then only work half-time, you are still entitled to 15 vacation days per year.

The formula is simple: vacation days = (new weekly working hours / old weekly working hours) × previous vacation days. It is important that all part-time models are treated equally, regardless of whether you work three days a week or just a few hours a day.

You can also find more information on family-friendly jobs and part-time options in our article on well-paid jobs in Germany.

More information about working as a parent in Germany - WorkerHero

In Germany, there are many regulations relating to work and family - and sometimes it's not easy to keep track of everything. If you are new to the country or would like to find out more about which qualifications are important, this article on the German school system and its qualifications will help you, for example.

WorkerHero not only supports you in your job search, but also in your professional orientation in Germany. Whether you're looking for a job with flexible working hours, want to start an apprenticeship or simply want to better understand your rights as an employee - you'll find the right information here.

Especially if you come from abroad and want to integrate in Germany, you've come to the right place. With simple explanations, lots of practical tips and real job opportunities, we'll help you gain a foothold. Discover your options now: www.workerhero.com