Elternzeit: Richter: Kein Rücktritt von der Elternzeit bei Trennung

In a recent decision by the Bundesarbeitsgericht in Erfurt, German employees cannot simply abandon their agreed-upon parental leave if family circumstances change. This ruling holds true even when an employee moves out of the shared household, as stated in a case from North Rhine-Westphalia (9 AZR 11/26).

The plaintiff initially intended to take parental leave but separated from the child's mother before its start and left the home. Despite this, the employee sought to challenge the employer's decision at every level of the labor courts, believing that the legal conditions for parental leave were no longer applicable. However, the employer argued that the case involved a temporary assignment to a replacement worker, and the appeal was unsuccessful even before the highest German labor judges.

The Arbeitsgericht concluded that employees are bound by their "desire for parental leave" in principle. This stance also serves to protect employers who have made arrangements for the time of work restriction. According to the Bundeselterngeld- und Elternzeitgesetz (BEEG), there is only one exception to this rule - the death of the child.

However, a premature termination of the parental leave is possible if the employer agrees, such as in the birth of another child or in special hardship cases involving severe illness, severe disability, or the death of a parent. A hardship case would not exist if there is no parental benefit claim due to lack of cohabitation with the child.