Back from parental leave: which job are you entitled to?
After parental leave you want to return to your job, but the boss has restructured and only offers you a worse position? Your employment relationship continued during parental leave, and you are entitled to an appropriate return.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Clarify your return →Your chances of getting your money back
What you should do now
- 1
1. Announce your return
Announce your return in good time and clarify the role and conditions.
- 2
2. Check equivalence
Does the offer match your former position (tasks, salary, grading)?
- 3
3. Object in writing
With a clearly worse position, object in writing and demand equivalent employment.
- 4
4. Part-time / help
You may be able to claim part-time work; in a dispute the works council, a union or advisors help.
Frequently asked questions
Am I entitled to my old job after parental leave?
You are entitled to return to your former or an equivalent role on the previous conditions. There is no right to exactly the same job, but the assigned position must be equivalent, that is, comparable in tasks, grading and salary. You do not have to accept a noticeable downgrade.
May I be given notice during parental leave?
In principle no: during parental leave (and from a certain point before it begins) there is special protection against dismissal. A dismissal is only permissible exceptionally with the approval of the responsible authority. If you are given notice anyway, you should observe the 3-week deadline for an action for protection against dismissal.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.