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I am an Indian citizen, working under a blue card work permit in Germany as a permanent employee. My contract mentions a notice period of 8 weeks while resigning.

I have a 5-year old son. Currently I am planning to take a 12-month parental leave. I have the following queries:

  1. Is the employer legally bound to give me the parental leave, or is it at the mercy of the employer?

2) While I am on parental leave, can I resign the job without serving the 8 weeks notice period?

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    I'm not sure this is really an Expat question as much as it is a German legal. A native German could face the same issue and be asking the same question with the same answer(s). – ouflak Oct 6 '17 at 13:33
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    Is the leave for the 5 year old or for an upcoming baby? – mkennedy Oct 6 '17 at 21:50
  • For my 5 year old son – scorpion Oct 9 '17 at 11:57
  • Forgive me for asking this question as it's sensitive, but does the child have a disability such that you need to care for him full-time? There might be other legislation that covers that situation. – mkennedy Oct 11 '17 at 17:36
  • Not specifically, both of us are working, but at different locations. Now we are planning to move to the same location. During this time one of us is planning to take parental leave instead of resigning the job, until we gets settled down at the new city. – scorpion Oct 12 '17 at 14:15
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You are allowed to take parental leave in Germany only until your child turns three years old. If you try to take leave for 12 months for your five year old, your employer is not obligated to hold your job for you.

In short, it is not possible.

  • Thank you for the input; however there is another clause in the link you provided that mentions as follows, which was the base for my question: "For children born up to 30 June 2015, a maximum of twelve months from the parental leave can also be transferred until when the child turns eight, provided the employer consents to this. For children born from 1 July 2015 onwards, up to 24 months of parental leave can be claimed between the ages of two and seven. This parental leave between the ages of two and seven for births from 1 July 2015 must be registered 13 weeks prior to commencement." – scorpion Oct 12 '17 at 14:14
  • Hi Scorpion, how long have you been in Germany? This clause will be important " Parental advice is only paid after a three-year stay in Germany to individuals who have received a residence permit in hardship cases, for provisional protection, on suspension of deportation or because obstacles apply precluding their leaving the country." Check if this applies to your case. As you are planning on leaving your job anyway, it does seem suspect to ask your employer to pay parental leave for you as you are not planning to return. In any case, you will have to ask their permission to take the leave. – Natalie N Oct 12 '17 at 15:48
  • Hi Nathalie, My question is just regarding retaining my employment and of-course the visa, for the duration of 12 months, not regarding the pay (sorry if my query made a tone ever in that direction). All my queries are prevailing to the eligibility of leave only.. – scorpion Oct 13 '17 at 16:10

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