German Court Tightens Parental-Leave Dismissal Protection for Every Single Stint

BAG ruling: Dismissal protection applies anew for each parental leave phase. Additional rulings on sick pay bonus, reintegration process, and proof of delivery tighten employer obligations.

Employers in Germany can no longer rely on a single parental-leave application to shield their termination decisions. The Federal Labour Court (BAG) ruled on 18 June 2026 that the special dismissal protection that crystallises before each parental?leave period must be evaluated anew — even when an employee has requested all future stints in one letter.

The case (docket number 2 AZR 213/25) involved a dismissal that the court declared invalid because the eight?week pre?protection window for a later parental?leave block had already opened. That protective period, the judges made clear, applies regardless of how long someone has worked for the company; it even covers employees still on probation.

For human?resources departments the practical consequence is immediate. Before firing anyone, employers must now verify whether any future parental?leave periods have already been announced and whether the pre?protection countdown has begun. The ruling lifts the bar for every separate parental?leave phase, even if all phases were notified in a single application.

Other recent BAG decisions add further layers of caution for employers facing dismissals tied to illness or pregnancy.

A separate judgment handed down on 22 April 2026 (10 AZR 143/25) strengthens the rights of workers on sick pay. An agreed inflation?compensation bonus of €250 must also be paid to employees who are receiving sickness benefits, the court said. The purpose of that bonus — offsetting purchasing?power losses — does not depend on actual work performance, the judges reasoned.

When it comes to illness?related terminations, a ruling from 7 May 2026 (2 AZR 184/25) tightens the requirements for a company’s reintegration process (betriebliches Eingliederungsmanagement, or bEM). If a worker becomes unable to work for more than six consecutive weeks after a previous illness, the employer must offer a fresh bEM procedure — even if the employee had turned down earlier invitations.

The same decision also warned employers about proof of delivery. A scan receipt from the postal service for a registered letter does not count as valid evidence that the letter arrived. If the recipient denies receiving it, the employer bears the full risk.

Statutory deadlines remain unchanged.

Maternity protection begins six weeks before the due date; during that period work is allowed only with the expectant mother’s consent. After birth an absolute ban on employment applies for eight weeks. General dismissal protection runs from the moment the pregnancy is disclosed until four months after delivery.

Parental leave must be announced seven weeks before it starts. The entitlement lasts up to three years, of which 24 months can be deferred to the period between the child’s third and eighth birthdays. In companies with more than 15 employees, workers have a right to part?time work of up to 32 hours a week during parental leave.

Employers may reduce annual leave by one?twelfth for each full month of parental leave — but only if they state the reduction in writing. The cut does not happen automatically.

A new law on partial sick notes is on the way.

On 10 July 2026 the Bundestag approved the contribution?rate stabilisation law (Beitragssatzstabilisierungsgesetz). Starting in 2027, workers covered by statutory health insurance who have been ill for more than four weeks may receive a sick note for 25, 50 or 75 percent capacity. Employers have seven days to object.

At the same time the federal government is planning to tighten rules for short?term illness: a doctor’s note will become mandatory from the first day of sick leave. Existing employment contracts that stipulate a later rule may still apply, however, because of the principle of favour (Günstigkeitsprinzip) — meaning less?favourable new rules cannot simply override more generous provisions already agreed.