Court: Employer Cannot Deny Part-Time Work During Parental Leave Due to Hiring a Substitute

The Cologne Labour Court has ruled that an employer cannot arbitrarily reject an employee's application to work part-time during parental leave solely on the grounds that a substitute has already been hired for that period.

The case involved an employee who applied for part-time work during the second year of her parental leave. The employer had hired a substitute to cover the entire parental leave period before the woman's maternity leave even began, to ensure continuity. However, at the time the substitute was hired, the employee had not yet applied for parental leave.

According to the court, an employer who is aware of an employee's intention to seek part-time work during parental leave must adjust the substitute's employment period accordingly. It cannot reasonably be expected of an employee to make a binding declaration about parental leave before the child's birth. The employer must await the employee's decision before committing to a replacement.

If an employer acts prematurely, they cannot deny the application for part-time work during parental leave based on urgent operational reasons. The ruling is considered sound, and employers are advised to limit substitute employment periods to durations confirmed without part-time work. Given the current labor shortage, both parties should discuss the length of parental leave and potential part-time work early on.

An appeal against the ruling is possible.