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Maternity leave and parental leave are two different things. Maternity protection (Mutterschutz) lasts 14 weeks as standard, and employees cannot work for 8 weeks after the birth. The “3 years” often quoted is parental leave (Elternzeit), a separate entitlement that each parent can take and that is unpaid by the employer.
The direct cost is lower than most employers expect, but the rules are strict. The health insurer pays part of maternity pay, employers can claim reimbursement for their top-up, and the state pays Elterngeld. The real risk is in the obligations: notifying the authority, reviewing the risk assessment and respecting dismissal protection from pregnancy until at least 4 months after the birth.
Deadlines drive most of the planning. Germany currently has no statutory paternity leave, so fathers use Elternzeit, which needs 7 weeks’ written notice. Part-time requests during Elternzeit must be answered in writing within 4 weeks, or they’re treated as approved. Start planning cover and the return conversation as early as possible.
Maternity leave in Germany lasts 14 weeks as standard: 6 weeks before the due date and 8 weeks after the birth. On top of that, each parent can take up to 3 years of parental leave (Elternzeit), much of it supported by a state allowance called Elterngeld. Paternity leave in Germany works differently. There is currently no statutory paternity leave, so fathers and partners rely on Elternzeit, Elterngeld and whatever their employment contract offers.
For employers, the money side is less daunting than it looks. Health insurers, a compulsory reimbursement scheme and the state cover most of the cost. The real risk sits in the process: a missed notification, a mishandled leave request, or a dismissal that falls foul of Germany’s strict protection rules.
This guide covers both sides. It explains what employees are entitled to, then sets out exactly what you need to do as their employer. If you hire in Germany through an Employer of Record in Germany, most of the admin sits with us, but it still pays to know how the system works.
Germany splits family leave into separate entitlements, each with its own law, length and funding. Here is how they fit together.
| Entitlement | Who it covers | Length | Who pays |
|---|---|---|---|
| Maternity protection (Mutterschutz) | Pregnant employees and new mothers | 14 weeks (18 weeks in specific cases) | Health insurer and employer top-up (reimbursable) |
| Parental leave (Elternzeit) | Each parent, separately | Up to 3 years per child, usable until the 8th birthday | No pay from the employer |
| Parental allowance (Elterngeld) | Parents caring for their child and working 32 hours a week or less | 12 to 14 months (Basiselterngeld), or longer with ElterngeldPlus | Federal states (Elterngeld offices) |
| Paternity leave | Fathers and partners | No statutory entitlement | Employer, only if offered by contract or collective agreement |
| Dismissal protection | Pregnant employees, new mothers, employees on Elternzeit | From pregnancy to at least 4 months after birth; throughout Elternzeit | Not applicable |
Sources: Maternity Protection Act (MuSchG) §3, §17, §19, §20; Federal Parental Allowance and Parental Leave Act (BEEG) §1, §4, §15, §18; Expenditure Compensation Act (AAG) §1.
Maternity leave in Germany, officially called maternity protection (Mutterschutz), normally lasts 14 weeks: 6 weeks before the expected due date and 8 weeks after the birth. The period after birth extends to 12 weeks for premature births, multiple births, or where the child is diagnosed with a disability within 8 weeks of birth.
| Situation | Before birth | After birth | Total | Timeline |
|---|---|---|---|---|
| Standard | 6 weeks (optional) | 8 weeks (no work permitted) | 14 weeks | |
| Premature or multiple birth, or disability diagnosed Disability diagnosed within 8 weeks of birth, on request | 6 weeks (optional) | 12 weeks (no work permitted) | 18 weeks |
If the baby arrives late, the protection period before birth simply runs longer, and the full period after birth still follows. If the baby arrives early, any days of the pre-birth period that were not used are added to the end of the period after birth, so the total protection period is not shortened.
Yes, but only if she expressly tells her employer she wants to keep working. She can withdraw that decision at any time, with immediate effect. After the birth, working is not allowed, even if the employee asks to.
Source: Maternity Protection Act (MuSchG) §3.
The two halves of the protection period work very differently:
Babies rarely arrive on their due date, and the law accounts for that. If the baby comes late, the pre-birth period simply runs longer and the full 8 weeks still follow. If the baby comes early, any pre-birth days she did not use are added to the end of the post-birth period, so the total never shrinks.
The post-birth period rises to 12 weeks for premature births and multiple births (twins or more). It also extends to 12 weeks if the child is diagnosed with a disability within 8 weeks of the birth, provided the employee applies for the extension. In those cases, the total protection period reaches at least 18 weeks.
Since 1 June 2025, employees who have a miscarriage from the 13th week of pregnancy are entitled to a staggered protection period. Previously, protection periods only applied to losses from the 24th week.
| Miscarriage from | Protection period |
|---|---|
| 13th week of pregnancy | Up to 2 weeks |
| 17th week of pregnancy | Up to 6 weeks |
| 20th week of pregnancy | Up to 8 weeks |
Source: Maternity Protection Act (MuSchG) §3, as amended with effect from 1 June 2025.
As with the pre-birth period, the employee can choose to work during this time if she expressly asks to. Dismissal protection also applies for 4 months after a miscarriage after the 12th week. Handle these conversations with care: the employee decides how and when to involve you
No, and this is one of the most common misunderstandings about German family leave. Maternity leave in Germany lasts 14 weeks (or 18 weeks in specific cases). The 3 years people talk about is parental leave (Elternzeit), which is a separate, largely unpaid entitlement that both parents can take.
The two do overlap. The mother’s post-birth protection period counts towards her Elternzeit, so a mother who takes the full 3 years is not adding them on top of her maternity leave. We cover Elternzeit in detail further down.
During the protection periods, an employee keeps roughly her full net pay. That money comes from two sources, and only one of them involves the employer. Even that part is refunded.
Employees with statutory health insurance receive maternity benefit (Mutterschaftsgeld) of up to €13 per calendar day from their health insurer. The employee applies directly, usually with a medical certificate of the expected due date.
Because €13 a day is far below most salaries, the employer pays the difference between that amount and the employee’s average daily net pay. The average is based on the last 3 completed calendar months before the protection period starts.
To put this in context, Destatis reports average gross monthly earnings of €4,634 for full-time employees in Germany (April 2024). For a detailed breakdown by sector and region, see our guide to average salary and minimum wage in Germany.
Worked example (illustrative): an employee earns a net monthly salary of €2,700. Her average daily net pay is €90 (€8,100 over 3 months, divided by 90 days). The health insurer pays €13 a day and the employer tops up the remaining €77. Over a standard protection period of about 98 days, that is €1,274 from the insurer and €7,546 from the employer.
Illustrative maternity pay split
Employee with a net salary of €2,700 a month, over a standard protection period of about 98 days
How it adds up: €2,700 net a month over 3 months is €8,100, or €90 a day. The health insurer pays €13 of that, and the employer tops up the remaining €77.
Germany has a statutory reimbursement scheme for maternity costs, known as the U2 levy, and every employer takes part. Through it, the employer’s top-up to maternity benefit is refunded, so maternity protection has a limited direct cost for the business.
In practice, the bigger cost for most employers is covering the role while the employee is away, which we come to later. If you employ through an Employer of Record, the reimbursement claims are handled for you as part of payroll.
“For most employers, maternity pay in Germany feels more complicated than it actually is. Once the right information is in place, it becomes part of the regular payroll routine. We take care of the details, so the employer can focus on supporting their employee rather than on the paperwork.”
— Janneke, Manager Backoffice & Payroll at ThisWorks
Employees who are privately insured, or covered through a family member’s statutory insurance, do not receive Mutterschaftsgeld from a health insurer. Instead, they can apply to the Federal Office for Social Security (BAS) for a one-off payment of up to €210 in total. The employer still pays the top-up, calculated as if the employee were receiving €13 a day.
Sometimes an employee cannot work outside the protection periods, either because a doctor issues an individual employment ban or because the workplace cannot be made safe for her. In that case, she continues to receive her average pay (Mutterschutzlohn), based on the last 3 months. Employers can also claim reimbursement for this.
| Situation | Employee receives | Paid by |
|---|---|---|
| Maternity protection period Statutory health insurance | Full average net pay | Up to €13 a day from the health insurer; the rest from the employer |
| Maternity protection period Private or family health insurance | Full average net pay | One-off payment of up to €210 from the Federal Office for Social Security (BAS); top-up from the employer |
| Employment ban Outside the protection periods | Average pay (Mutterschutzlohn) | Employer |
| Parental leave (Elternzeit) After maternity protection | No salary; Elterngeld from the state | Elterngeld office of the federal state |
Sources: Maternity Protection Act (MuSchG) §18, §19, §20; Social Code Book V §24i; Federal Parental Allowance and Parental Leave Act (BEEG) §1.
German maternity protection is not just about leave. From the moment you know an employee is pregnant, the Maternity Protection Act places active duties on you as the employer. Most of them are straightforward, but they come with tight timings.
An employee is expected to tell you about her pregnancy and due date as soon as she knows, but she decides when to share it. Once she does, you can ask for a medical certificate confirming the due date. If you ask for one, you pay for it.
You must then notify the competent supervisory authority without delay. Which authority that is depends on the federal state where she works. You also cannot share the news with colleagues or third parties without her permission.
Every employer must have a general risk assessment that covers what each role would mean for a pregnant or breastfeeding employee. Once an employee tells you she is pregnant, you review it with her and act on it. The law sets a clear order: first adapt her working conditions, then offer another suitable role, and only if neither works, stop her from working (an employment ban, paid through Mutterschutzlohn).
Working time limits also apply. Pregnant and breastfeeding employees aged 18 or over may work no more than 8.5 hours a day or 90 hours in a double week. Work between 8pm and 6am is generally not allowed, and Sunday or public holiday work needs her agreement and must meet strict conditions.
After the birth, employees who breastfeed are entitled to paid breaks of at least 30 minutes twice a day or one hour once a day, for the first 12 months. These breaks cannot be deducted from pay or made up later.
From the start of the pregnancy until at least 4 months after the birth, you cannot dismiss the employee. The same applies for 4 months after a miscarriage after the 12th week. The ban also covers preparatory steps, such as advertising her role as a replacement for a planned dismissal.
If you dismiss an employee without knowing she is pregnant, the protection still applies, provided she tells you within 2 weeks of receiving the notice. Dismissal is only possible in exceptional cases unrelated to the pregnancy, such as a business closure, and only with prior approval from the supervisory authority.
Protection periods and employment bans count as time worked for holiday purposes, so annual leave keeps building up as normal. Any leave she has not taken before her protection period can be taken afterwards, including in the following year. When the protection period ends, she returns to work under her existing contract, unless she moves straight into Elternzeit.
| Obligation | What it means in practice | Legal basis |
|---|---|---|
| Notify the authority | Inform the supervisory authority in the relevant federal state without delay | MuSchG §27 |
| Review the risk assessment | Check the role against the general risk assessment and agree protective measures with the employee | MuSchG §10, §13 |
| Adjust working time | Max. 8.5 hours a day and 90 hours per double week; limits on night, Sunday and public holiday work | MuSchG §4, §5, §6 |
| Allow time off | Paid time off for medical check-ups during pregnancy; paid breastfeeding breaks after birth | MuSchG §7 |
| Protect confidentiality | No disclosure to third parties without her consent | MuSchG §27 |
| Respect dismissal protection | No dismissal from the start of pregnancy until at least 4 months after birth | MuSchG §17 |
Source: Maternity Protection Act (MuSchG). Each section is linked in the table.
“The first conversation sets the tone for everything that follows. We congratulate the employee, confirm the due date in writing and agree who needs to know. The step foreign employers miss most often is the notification to the authority. It is the employer’s duty, not the employee’s, and it should not wait until a few weeks before her leave starts.”
— Beate, Back Office Specialist at ThisWorks
Our HR and payroll team manages maternity protection, Elternzeit and everything in between, so you can focus on the person, not the paperwork.
At the time of writing, Germany has no statutory paternity leave. Fathers and partners do not get a set number of paid days off after the birth by law. Instead, they use parental leave (Elternzeit) and parental allowance (Elterngeld), plus any leave their contract, company policy or collective agreement provides.
Not as a standalone entitlement. The EU Work-Life Balance Directive requires member states to provide 10 working days of paternity leave around the birth. Germany’s position has been that its existing Elternzeit and Elterngeld system meets that requirement. A proposal for two weeks of paid partner leave after the birth (Familienstartzeit) was put forward by the previous federal government but has not become law. Check current status before publishing.
For employers, this is a space to watch. If paid partner leave is introduced, it will affect payroll, leave planning and contracts.
Even without a dedicated law, some fathers do get paid time off around the birth:
A father can start Elternzeit on the day his child is born, but he still has to give 7 weeks’ written notice. In practice, that means the conversation about his leave should happen around the time the pregnancy is announced, not at the birth.
Elterngeld also rewards shared care. When both parents claim, they receive 2 extra months of Basiselterngeld (the “partner months”), taking the total to 14 months. The latest official data shows fathers are taking up leave, but mostly for short periods.
Share of all Elterngeld recipients
Mothers73.8%
Fathers26.2%
Average planned duration of Elterngeld
Mothers14.6 months
Fathers3.6 months
Source: Federal Statistical Office (Destatis), Elterngeld statistics, reporting year 2023.
What this means for employers
Elternzeit is where most of the long-term planning happens. It is unpaid by the employer, but it is highly flexible for the employee, and the rules on notice, part-time work and dismissal are strict.
During Elternzeit, the employment relationship is suspended rather than ended. The employee is not paid, and employees with statutory health insurance generally remain insured without paying contributions while they receive Elterngeld or are on Elternzeit.
Elternzeit requests must be made in writing with a handwritten signature. An email or a message is not enough. For leave before the child’s 3rd birthday, the employee must also say which periods they will take within the next 2 years. Once you receive a valid request, confirm the Elternzeit in writing.
Elternzeit before the child's 3rd birthday
Elternzeit between the 3rd and 8th birthday
Good to know: if you do not reply to a part-time request in writing within the deadline, the request is treated as approved on the employee's terms.
Source: Federal Parental Allowance and Parental Leave Act (BEEG) §15, §16, §18.
Employees can work up to 32 hours a week during Elternzeit, averaged over the month. They have a legal right to part-time work with you if all of these apply:
If you want to refuse, you must do so in writing, with reasons, within the deadline in the table above. Miss the deadline and the request is treated as approved on the employee’s terms. Part-time work for another employer during Elternzeit needs your consent, which you can only refuse for urgent operational reasons.
“Part-time requests are where we see the most avoidable problems. The four-week response deadline is short, and if it passes without a written answer, the employee’s proposed hours apply automatically. We always recommend sitting down together early. A pattern that works for the team and the family is worth more than a perfect schedule on paper.”
— Janneke, Manager Backoffice & Payroll at ThisWorks
Protection starts when the employee requests Elternzeit, but no earlier than 8 weeks before it begins (or 14 weeks for leave between the 3rd and 8th birthdays). It lasts until the leave ends. As with maternity protection, dismissal is only possible in exceptional cases with approval from the supervisory authority.
You can reduce annual leave by one twelfth for every full calendar month of Elternzeit. This is not automatic: you have to declare it to the employee. The reduction does not apply if the employee works part-time for you during Elternzeit. Leave not taken before Elternzeit carries over to after it.
German law specifically allows fixed-term contracts to cover an employee on Elternzeit or maternity protection, including a handover period. That makes a replacement hire one of the cleaner options for longer absences.
At the end of Elternzeit, the employment relationship resumes on the terms of the existing contract. Employees can also resign with effect from the end of their Elternzeit, with a special notice period of 3 months. Agree a return conversation a few months ahead, so you know early whether the employee plans to come back full-time, part-time or not at all.
Elterngeld replaces part of a parent’s income while they care for their child. It is paid by the Elterngeld offices of the federal states, not by the employer. Parents apply after the birth, and employers mainly provide evidence of earnings and working hours.
Basiselterngeld
Best suited toA parent who stops work completely
ElterngeldPlus
Best suited toA parent who returns to work part-time
Partnerschaftsbonus
Best suited toBoth parents working 24 to 32 hours a week at the same time
Source: Federal Parental Allowance and Parental Leave Act (BEEG) §2, §4, §4a, §4b.
Basiselterngeld usually replaces 65% to 67% of a parent’s net income before the birth, and up to 100% for lower earners. It is capped at €1,800 a month and never falls below €300, even for parents with no income before the birth.
Using the same illustrative employee as before, with a net salary of €2,700, Basiselterngeld would be around €1,755 a month (65%). Choosing ElterngeldPlus halves the monthly amount but doubles the duration.
Same total, different pace: Elterngeld options
Illustrative example for a parent with a net salary of €2,700 a month before the birth
Basiselterngeld€1,755 a month for 12 months
ElterngeldPlus€877.50 a month for 24 months
The total is the same: €21,060 in both cases. ElterngeldPlus halves the monthly amount but pays it for twice as long, which suits parents who return to work part-time.
Two recent changes are worth knowing, as older guides often miss them:
Check for any 2026 changes to Elterngeld amounts or limits before publishing.
Elterngeld does not stack on top of maternity pay. Mutterschaftsgeld and the employer top-up are offset against Elterngeld, and the months in which the mother receives them count as Basiselterngeld months she has already used. In most families, Elterngeld effectively starts once the post-birth protection period ends.
Because Elterngeld is based on net income, a married couple’s choice of tax class can change the amount. Couples who want to switch usually need to do so well in advance: the new tax class must generally apply for at least 7 months before the start of maternity protection.
Employers do not pay or calculate Elterngeld, but you will be asked for supporting documents. Typical requests include payslips or earnings confirmation, confirmation of the top-up to maternity benefit, and confirmation of weekly working hours where an employee works part-time or claims the Partnerschaftsbonus.
Maternity protection and Elternzeit apply to employees working in Germany regardless of nationality. If you hire a non-EU national on an EU Blue Card (URL tbc) or another German work permit (URL tbc), they have the same leave rights as any other employee.
Elterngeld is slightly different. Non-EU nationals are eligible depending on their residence title. Holders of an EU Blue Card or a settlement permit are generally eligible, while some other residence titles are excluded or only qualify under certain conditions. The employee’s Elterngeld office makes the final decision.
Elternzeit suspends the employment relationship but does not end it, so it does not end a residence permit tied to that job. Individual circumstances vary, though, and employees should check their situation with their local immigration office (Ausländerbehörde). The federal government’s Make it in Germany portal is a reliable starting point for international employees.
If your company does not have a German entity, an Employer of Record (EOR) becomes the legal employer of your team member in Germany. You manage their day-to-day work, while the EOR handles employment contracts, payroll and compliance. That includes every step in this guide.
When one of your employees in Germany starts a family, ThisWorks takes care of:
German-law employment contracts with compliant leave terms.
Notifying the supervisory authority and documenting the risk assessment.
Calculating and paying the maternity top-up correctly and on time.
Processing requests within the legal deadlines.
Providing earnings and working-hours confirmations for the Elterngeld office.
Setting up fixed-term cover and managing the return to work.
“For clients abroad, the hardest part is rarely the law itself. It is the timing: the payroll month the top-up starts, the reimbursement claims that follow, the switch to Elternzeit, then hours that change when the employee returns. We run all of that through one payroll, so the employee is paid correctly at every stage and the client does not have to track German deadlines.”
— Janneke, Manager Backoffice & Payroll at ThisWorks
During maternity protection, yes: holiday builds up as normal. During Elternzeit, the employer can reduce annual leave by one twelfth for each full month, but only by declaring it, and not if the employee works part-time for the same employer.
Yes. Both parents can take Elternzeit simultaneously. However, for births from 1 April 2024, they can only receive Basiselterngeld at the same time for a maximum of 1 month within the first 12 months, with some exceptions.
Yes, up to 32 hours a week. In companies with more than 15 employees, staff employed for over 6 months have a legal right to reduce to 15-32 hours for at least 2 months, unless urgent operational reasons apply.
All employees working in Germany are covered by maternity protection and Elternzeit. Elterngeld eligibility for non-EU nationals depends on their residence title; EU Blue Card holders are generally eligible. The Elterngeld office decides each case.
Hiring internationally doesn’t have to mean setting up a local entity, building payroll infrastructure or navigating complex employment legislation on your own. Whether you are hiring your first remote employee or expanding an international team, our specialists can support a smooth, compliant onboarding process in just a few days.
