German Federal Labour Court rules on parental leave and household separation

The German Federal Labour Court (Bundesarbeitsgericht) has ruled that an employee's request for parental leave remains binding even if they move out of the shared household with their child before the leave begins.

The case involved an employee who had requested parental leave for a specific period but separated from the child's mother and moved out prior to the start date. The employee argued that because the legal requirement of living in the same household no longer existed, the parental leave had not technically commenced, and therefore he should be required to continue working. He also claimed this constituted a special hardship under the Federal Parental Allowance and Parental Leave Act (BEEG) because he would no longer receive parental allowance (Elterngeld).

The court rejected these arguments, stating that an employee is generally bound by their request for parental leave to protect employers who make staffing arrangements based on that request. The court clarified that the subsequent loss of eligibility requirements does not invalidate the leave, noting that the only statutory exception for the loss of requirements is the death of the child.