At a Glance

• A recent decision shows that Germany’s special protection against dismissal for family care leave is not without limits.
• If an employee seeks to take such leave immediately after a work separation is announced, and other factors indicate the employee’s intention is more to avoid dismissal than to provide care, an employer’s objection based on abuse of rights carries more weight.

Employers in Germany are familiar with special protection against dismissal in many situations: pregnancy, parental leave, severe disability, works council membership or — particularly in times of upcoming works council elections — the protection afforded to certain election initiators, candidates and election committees. Less commonly in focus, however, is another protective mechanism of considerable practical relevance: special protection against dismissal in connection with care leave and family care leave. Even where the statutory requirements are met, special protection against dismissal may, by way of exception, be denied on grounds of abuse of rights, as a recent decision of the Kaiserslautern Labor Court illustrates.

Protection Against Dismissal Under the Family Care Leave Act

Special protection against dismissal under the German Family Care Leave Act (Familienpflegezeitgesetz – FPfZG) can become highly relevant in separation scenarios. Employees may reduce their working time for up to 24 months if they care for close relatives in a domestic environment. Pursuant to Section...

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