Parental leave application now possible in text form

At a glance

• Starting 1 May 2025, applications for parental leave and part-time work during parental leave can be submitted in text form instead of written form.
• This change impacts applications for parental leave, part-time work during parental leave, reduction of working hours, and employer rejections of these applications.
• The switch to text form reduces bureaucratic hurdles and simplifies communication between employees and employers.
• Employers must be cautious as employees gain special protection against dismissal upon submitting parental leave applications via email.
• Employers must promptly review and process applications received in text form, ensuring timely and verifiable rejections if necessary.

Starting 1 May 2025, a significant amendment to the Federal Parental Allowance and Parental Leave Act (BEEG) will come into effect, as part of the IV. Bureaucracy Relief Act. This amendment concerns the form of applications for parental leave and part-time work during parental leave. Previously, these applications had to be submitted in written form, but in the future, text form in accordance with Section 126b German Civil Code (BGB) will suffice.

The main amendment is that the previously required written form is replaced by text form. This affects the application for parental leave according to Section 16 (1) BEEG, the application for part-time work during parental leave according to Section 15 (7) BEEG, the application for reduction of working hours according to Section 15 (5) BEEG, the rejection of the application by the employer according to Section 15 (7) sent. 4 and 5 BEEG, as well as the rejection of part-time work with another employer or self-employment during parental leave according to Section 15 (4) sent. 4 BEEG.

The switch to text form brings several advantages. On the one hand, bureaucratic hurdles are reduced, as the electronic processing of applications becomes more efficient and less time-consuming. On the other hand, communication between employees and employers is simplified, as emails and other electronic communication methods can be used.

However, employers should exercise increased caution. Employees will enjoy special protection against dismissal as soon as they submit their parental leave application by email. Employers can no longer rely on the absence of written form, and the protection of Section 18 BEEG applies from the receipt of the email.

The change is also significant for the timely processing of part-time applications. According to Section 15 (7) sent. 5 no. 1 BEEG, the rejection of the application by the employer must occur no later than four weeks after receipt of the application. While the deadline previously began with the receipt of the written application, it now starts with the receipt of the application in text form, eg by email. Employers must therefore ensure that informally received communications are promptly reviewed and processed.

If the employer wants to reject the application due to urgent operational reasons, text form will also suffice in the future, meaning the employer can reject the application by email. However, it is important that the rejection is timely and verifiable. The proof of receipt can be problematic, especially with emails, so it is advisable to obtain acknowledgments of receipt.

Interestingly, the requirement for written form for the employer's rejection of the relatively rarely exercised option of early return has been retained in Section 16 (3) sent. 2 BEEG. Furthermore, parental leave must still be confirmed informally, as stipulated in Section 16 (1) sent. 8 BEEG.

Practical advice

Employers should prepare early for the new regulations and adjust their internal processes accordingly. Clear communication and training of Human Resources staff are crucial to successfully implement the changes and ensure that all applications are processed and documented properly and on time. Clear company guidelines for handling electronic applications are recommended. Employers should ensure that electronic communication meets data protection requirements. It is advisable to set up a special email address for the submission of parental leave applications and grant access to this mailbox to a limited number of employees. Additionally, it is advisable to obtain acknowledgments of receipt for important communications, such as rejection letters.

Finally, the change in form requirements is also relevant for the issuance of dismissals: More than ever, it is recommended that employers do not inform affected employees about impending dismissals in advance. Otherwise, there is a (now greatly increased) risk that employees will submit a parental leave application before the dismissal is received – because this can now be done conveniently by email.