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Can Employees Unilaterally Cancel Parental Leave? German Federal Labor Court Provides Clarity for Employers

By Alke Helene Sundermann

  • 1 minute read

May an employee unilaterally withdraw a previously requested period of parental leave if the statutory eligibility requirements cease to be met before the leave begins? The German Federal Labor Court (Bundesarbeitsgericht, “BAG”) has now answered this question with a clear “no” (decision dated October 6, 2026, Case No. 9 AZR 11/26). A valid request for parental leave generally remains binding. The ruling provides planning certainty for employers that have already made arrangements for the employee’s absence.

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