Parental Leave Ruling Reshapes Termination Risks for German Daycare Leaders
24.06.2026 - 04:06:05 | boerse-global.de
Germany’s top labor court has handed daycare operators a fresh reminder that probation periods do not grant blanket freedom to dismiss staff. A June 2026 decision by the Federal Labor Court (BAG) strengthens job protections for parents taking multiple leave segments – even when the employment relationship is still in its first six months.
The ruling (Az. 2 AZR 213/25) arose from a father who was fired while on probation. The court held that protection under the Federal Parental Allowance and Parental Leave Act (BEEG) restarts before each individual parental leave block, regardless of whether all blocks were announced in a single letter. The shield takes effect eight weeks before the start of each segment. Because the dismissal fell within that window, it was void. For daycare providers and other employers, the message is blunt: plan multiple parental leave phases and you must calculate each termination’s legality separately.
Probation Periods: Less Simple Than They Seem
During the first six months of employment, the general protection of the Dismissal Protection Act (KSchG) does not apply. But that does not make firing simple. The statutory notice period under § 622 (3) of the Civil Code (BGB) is two weeks – not tied to month-end. However, anyone covered by the public-sector collective agreement (TVöD-SuE) must give two weeks’ notice to the end of the month.
Form is everything. Section 623 BGB demands written notice; a verbal dismissal or a message via messenger is invalid. Experts suggest a mid-probation review to flag shortcomings early. And if a works council exists, it must be heard before every dismissal under § 102 of the Works Constitution Act (BetrVG). Skip that step, and the entire termination fails.
When Immediate Dismissal Backfires
Extraordinary, or summary, dismissals require a serious breach of duty – but the bar is high, as a case from the Arnsberg Labor Court demonstrates. On March 31, 2026, the court (Az. 1 Ca 877/25) ruled that the immediate firing of an educational professional was ineffective. The employer had known the alleged grounds – attempted poaching of staff – since mid-November but only dismissed in December, missing the two-week deadline under § 626 (2) BGB. The court also noted that for misconduct like attempted poaching, a prior written warning is usually mandatory.
Special timelines apply to employees with severe disabilities. The employer must seek the Integration Office’s consent and file the request within two weeks of learning the decisive facts. The office then also has two weeks to decide; silence counts as approval.
Hidden Costs: Training Repayment and Refinancing
Beyond strict deadlines, daycare operators face financial pitfalls. The BAG has repeatedly held that employers can demand repayment of training costs only if a reasonable binding period was agreed – and that period must be proportional to the duration and quality of the course.
In Brandenburg, a separate court ruling on June 18, 2026 added a new layer of budget planning. The Potsdam Administrative Court granted the districts of Oberhavel and Uckermark the right to compensation for extra costs arising from a 2022 reduction in weekly working hours for daycare staff from 40 to 39.5 hours. Such refinancing questions are now central to filling leadership posts and stabilizing personnel budgets across the sector.
