Does Germany’s Bureaucracy Relief Act with Simplified Parental Leave Claim provide benefits or pose risks to employers?

The BEG IV marks another step in the federal government’s efforts to simplify bureaucratic processes and promote digitalisation in the economy. The traffic light coalition, which took office almost three years ago with the goal of “daring more progress”, has now made a series of legislative adjustments with the BEG IV that are particularly important for employers. These include changes to the Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz “BEEG”), which are generally to be welcomed but can also pose risks for employers.

The BEG IV

The BEG IV includes extensive changes to several relevant laws, including the Evidence Act (Nachweisgesetz “NachwG”), the Sixth Book of the Social Code (Sozialgesetzbuch IV “SGB VI”), the BEEG, the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz “AÜG”), and the Trade Regulation Act (Gewerbeordnung “GewO”). These changes are intended to adapt the legal framework to the requirements of a modern working world while reducing administrative burdens for companies.

Following approval by the Bundesrat on 18 October 2024, the new regulations came into force on 1 January 2025.

Changes to the BEEG

The entitlement to part-time work during parental leave (Sec.Sec. 15 para. 7 no. 5 BEEG) and the entitlement to parental leave (Sec.Sec. 16 para. 1 BEEG) could previously only be claimed in writing.

Employees previously had to submit their request for parental leave signed in wet-ink to their employer to meet the requirements of Sec. 16 para. 1 BEEG. This hurdle has now been removed for employees. From 1 May 2025, employees will be able to submit their request for parental leave in text form. This means that a request for parental leave can now also be submitted by email. By submitting the request by email, the employee also immediately gains special protection against dismissal under Sec. 18 BEEG.

While the introduction of the text form significantly facilitates communication between employer and employee, it also means that the employee falls under the protection of special dismissal protection more quickly.

Possible risk for the employer

The reduction of bureaucracy undoubtedly brings relief and is long overdue. At the same time, however, formal simplifications also open up the possibility of alienating the protective instruments of the legislator, for example by (expectant) parents.

Due to the simplified possibility of requesting parental leave, an employee can still claim parental leave shortly before receiving a dismissal (the formalities of which still require wet-ink), by email or Teams chat and thus secure special protection against dismissal. An entitlement to parental leave generally exists until the child’s third year of life and can be taken in parts until the child’s eighth year of life. There is therefore a risk that an employee, expecting a dismissal, who has children under eight years of age and has not yet taken the full 36 months of parental leave will request parental leave to avoid the dismissal.

The special protection against dismissal established by the legislator in the case of a valid request for parental leave should follow the principle of “special protection against dismissal due to parental leave” and not “parental leave due to special protection against dismissal”. By submitting the request for parental leave in text form, i.e. via email or Teams chat, special protection against dismissal can arise immediately. A short-term decision by the employee to submit a request for parental leave to avoid an expected dismissal is likely to play a greater role in practice in the future.