The case
In July 2024, an employee applied for parental leave for four periods, and the employer approved them. In October 2024, the employer dismissed him without first obtaining a declaration of admissibility from the competent state authority. At that time the employee was not yet on parental leave, but one instalment was due to begin in November 2024.
The decision
The Federal Labour Court holds the dismissal invalid (judgment of 18 June 2026 – 2 AZR 213/25). Protection against dismissal under § 18(1) BEEG applies in advance of each instalment of parental leave. It does not matter whether the instalments were requested individually or together in one letter. Without the authority's declaration of admissibility, the dismissal is void (§ 134 BGB).
What this means in practice
- For employers: Before any dismissal, check whether parental leave has been requested for a future period. If an instalment falls within the protection period before it begins, the authority's consent is required – in Bavaria, from the trade supervisory office.
- For employees: Anyone who has requested parental leave in instalments and is dismissed should have the dismissal reviewed immediately. The three-week deadline for an action for unfair dismissal applies here too.
