Applying for cancellation during parental leave
During parental leave, employees have special protection against dismissal.
In special cases, you as an employer can terminate the employment relationship with the consent of the competent authority (KVJS Department 3: Parental leave/care leave).
Responsible department
In such exceptional cases, cancellation is only possible whenever
- if the requirements for a declaration of admissibility under the Parental Leave Act are met: the Baden-Württemberg Municipal Association for Youth and Social Affairs;
- if the requirements for a declaration of admissibility under the Maternity Protection Act are also met: the Regional Council.
Details
Prerequisite
The employer's interest in terminating the employment relationship must outweigh the employee's interest in continuing the employment relationship due to exceptional circumstances. Such exceptional circumstances may include, for example, the closure of a business, the opening of insolvency proceedings, continued employment that would jeopardise the existence of the business or particularly serious breaches by the employee.
Procedure
- Apply in writing for a declaration of admissibility of the intended dismissal.
- The authority will hear the employee concerned and, if applicable, the employee representative body or staff council in writing and give them the opportunity to comment. An oral hearing will not take place. Once the investigation has been completed, the KVJS Inclusion and Integration Office will issue a written decision to the employer. The decision is also sent to the employee and works/staff council.
- The prohibitions on dismissal under Section 9 (1) of the Maternity Protection Act (MuSchG) and Section 18 of the Act on Parental Leave and Parental Allowance (BEEG) exist in parallel. If the requirements of Section 9 (3) of the Maternity Protection Act and Section 18 of the Parental Leave and Parental Allowance Act coincide, you must apply for a declaration of admissibility of the dismissal under both legal provisions in order to be able to give notice effectively. The application must make it clear under which provision you are requesting a declaration of admissibility.
Deadlines
In the event of termination during parental leave, the normal notice periods resulting from the employment contract or collective agreement apply, unless otherwise specified by Department 3 of the KVJS.
Required documents
If you as an employer wish to give notice of termination during parental leave, you need a declaration of admissibility from the KVJS.
Costs
The KVJS chargesa fee of between EUR 200 and EUR 1,000 for the decision, depending on the work involved.
If the employee files a lawsuit against the dismissal, legal costs may be incurred, which are usually borne by the employer if the dismissal is invalid. In the event of an invalid dismissal, claims for continued employment and salary arrears may arise.
Miscellaneous
The prohibitions on dismissal under Section 9 (1) MuSchG and Section 18 BEEG exist side by side.
Legal basis
Gesetz zum Schutz von Müttern bei der Arbeit, in der Ausbildung und im Studium (Mutterschutzgesetz - MuSchG)
Gesetz zum Elterngeld und zur Elternzeit (Bundeselterngeld- und Elternzeitgesetz -BEEG):
- § 18 Kündigungsschutz
Allgemeine Verwaltungsvorschrift zum Kündigungsschutz bei Elternzeit
Release note
Machine generated, based on the German release by: Kommunalverband für Jugend und Soziales Baden-Württemberg, 17.12.2025