The German Federal Labor Court (Bundesarbeitsgericht (BAG)) held in its judgment of October 6, 2026 (Ref. No. 9 AZR 11/26) that employees remain bound by the parental leave (Elternzeit) they have requested, even if they move out of the household shared with the child before the leave begins.
Quick Hits
Under German employment law, anyone who requests parental leave is, in principle, bound by that request.
To be eligible for parental leave, an employee must generally have a child in the household who requires care. Separation or moving out does not affect the parental leave that has already been requested—the only legal exception is the death of the child.
An employer may be required to consent to the employee not commencing parental leave, but only in cases of “particular hardship” (besondere Härte), which does not include when an employee does not receive parental allowance (Elterngeld).
The Case—Separation Shortly Before the Start of Parental Leave
An employee requested parental… Read the complete article here...
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