Protection against dismissal
During the parental leave the employer is generally not allowed to dismiss an employee.
The employer may, though, in exceptional cases file an application for a permissibility declaration (Article 18 para. 1 sentence 2 and 3 BEEG) at the Regional Council (Regierungspräsidium) of Baden-Württemberg which is responsible for safety at work. If the employer than dismisses an employee, a suit must be filed within three weeks after the announcement of the Council’s decision. If such a suit is not filed in time, the dismissal will become legally effective.
This period of three weeks does not apply if the employer dismisses the employee without the consent of the supervisory authority. Yet, it is recommended to take actions in such a case as soon as possible.