Your Legal Rights When Returning to Work in Germany

Returning to work after parental leave isn’t always as smooth as it should be. Many moms feel unsure about what they’re allowed to ask for, or what their employer is allowed to expect.

But in Germany, the law is on your side. Here’s what you need to know.

Kündigungsschutz – Protection From Termination

While you're on Elternzeit (parental leave), your job is legally protected. Your employer cannot terminate your contract during this time unless they receive special permission from the state which is rarely granted.

But it doesn’t end there:
Your protection continues even after your return. In most cases, you're still covered for up to 4 months after your leave ends.

💡 Tip: If you’re feeling pressured or excluded after returning, this may not be “just how it is”, it may be illegal.

Your Right to Work Part-Time

Many moms want or need to return part-time. The good news is: you have a legal right to request it under §8 of the TzBfG (Teilzeit- und Befristungsgesetz).

To qualify:

You’ve been employed for more than 6 months
The company has more than 15 employees
You submit your request at least 3 months before your planned return

Example sentence to include in your email:
“I would like to request a part-time schedule under §8 TzBfG, starting from [date], at [X] hours per week.”

Your employer must respond in writing. They can only deny it if there are compelling business reasons and they must explain them.

Returning to Your Role or a Comparable One

You're not guaranteed the exact same position but you are entitled to a comparable role with the same pay level, location, and responsibilities.

If you've returned and:

Your projects are gone
Your desk was reassigned
You're no longer invited to meetings

That’s not just frustrating, it could be a legal red flag.

What Counts as Discrimination?

Some examples moms have reported include:

Being excluded from decisions or communication
Being pressured to quit
Being told there’s no space for them anymore
Getting lower pay or status than before

These may fall under parental status discrimination or gender discrimination, both of which are protected under German law.

Where to Get Help

If you’re unsure whether your rights are being respected, you don’t have to face it alone. Here are places you can turn:

Antidiskriminierungsstelle des Bundes (Federal Anti-Discrimination Office)
Gleichstellungsbeauftragte (Equal opportunity officer) at your company or city
Verdi or other trade unions
Legal clinics or lawyers for Arbeitsrecht (employment law)

Even a free 15-minute consultation with a legal advisor can help clarify your next step.

You’re Not Being Difficult, You’re Being Informed

You don’t need to know every legal detail, but knowing the basics protects your confidence.

Many moms walk away from jobs not because they want to, but because no one told them they had the right to stay, request flexibility, or speak up.

📎 Being informed isn’t about confrontation. It’s about knowing you deserve fair treatment.