Labor law (AT)
Parental leave
Also: Parental leave · Maternity leave · Paternity leave
Parental leave is the legal leave from work for child care with protection against dismissal. It can be taken until the child's second birthday at most and is distinct from the financial benefit (childcare allowance).
Key Points
- The legal basis is the Maternity Protection Act (MSchG) for mothers and the Paternity Leave Act (VKG) for fathers.
- Parental leave can last until the child's second birthday at most.
- During parental leave, the employment relationship is suspended but remains valid.
- There is special protection against dismissal until four weeks after parental leave ends.
- Parental leave (employment law) is distinct from childcare allowance (financial benefit).
What does parental leave mean?
Parental leave is a legal leave from work for child care. It is governed by the Maternity Protection Act (MSchG) and the Paternity Leave Act (VKG). During parental leave, the employment relationship is suspended: The main obligations – work and pay – cease, but the employment contract remains valid and resumes afterward.
Parental leave is not childcare allowance
The legal parental leave (leave with dismissal protection) is distinct from the financial benefit, the childcare allowance. Both follow their own rules and deadlines, which are not identical.
How long does parental leave last and who can take it?
- Parental leave can be taken until the child's second birthday at most.
- Parents can share parental leave; a switch between parents is possible.
- Before parental leave, mothers are subject to maternity protection with an absolute employment ban around the birth.
Taking parental leave is subject to notification deadlines to the employer. Those who share or extend parental leave should coordinate the deadlines and planned return early.
Protection against dismissal and return to work
During parental leave and up to four weeks after its end, there is special protection against dismissal. After parental leave, there is a claim to return to the previous or an equivalent position. For companies, a smooth return is also a retention factor: Actively supporting the return keeps experienced employees.
Frequently Asked Questions
- Until when can parental leave be taken?
- Parental leave can be taken until the child's second birthday at the latest. The duration of childcare allowance is subject to separate rules.
- Am I protected from termination during parental leave?
- Yes. There is special protection against termination and dismissal during parental leave and up to four weeks after it ends.
- Can both parents share parental leave?
- Yes. Parents can share and alternate their parental leave. The division is subject to notification deadlines with the respective employer.
Note: This entry provides an overview to the best of our knowledge (as of: July 2026) and does not replace legal advice. Binding information is provided by the Chamber of Labour and the relevant trade union.