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Teachers and other school staff; application for leave of absence, leave of absence or parental leave

Teachers and other school staff at primary, secondary and special schools, schools for the sick and vocational schools (excluding FOS/BOS) can apply for parental leave, special leave or a leave of absence in addition to a leave of absence for labor market or family policy reasons.

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Procedure details

The term leave of absence covers a variety of reasons that can justify a justified absence from work - with or without remuneration.

It is therefore a leave of absence from official duties for periods in which service would have to be performed under working time legislation. Otherwise, the continued existence of the civil servant relationship is not affected; the general civil servant obligations continue to apply. The same applies to existing employment relationships with teachers as employees.

The most common reasons for leave of absence are

  • Leave of absence in accordance with § 10 UrlMV
    Leave of absence is generally granted while the employer's benefits continue to be paid. The circumstances for exemption are listed exhaustively in § 10 UrlMV. In addition to relocation for official reasons, the birth of a wife, serious illnesses of children and relatives, training events for the purpose of national defence, professional development, participation in outstanding sporting events as well as trade union and church events are also recognized as such circumstances. For teachers as employees, reference is made to § 28 f. TV-L.
    In accordance with § 10 Para. 1 Sentence 1 UrlMV in conjunction with § 12 Para. 4 LDO, the head teachers generally grant leaves of absence.
  • Parental leave
    For the permanent care of a child in a certain phase of life, civil service law allows one or more carers to be released from their official duties on the basis of the Federal Parental Allowance and Parental Leave Act (BEEG) - possibly with the granting of a parental allowance(§ 46 BeamtStG, Art. 99 BayBG, §§ 23 to 26 UrlMV). The status of the employment relationship remains unaffected. The provisions of the BEEG apply directly to teachers in employment.
  • Leave for family policy reasons
    Leave for family policy reasons in accordance with Art. 89 Para. 1 No. 1 Alt. 1 BayBG is possible for a total of 15 years (including leave under Art. 90 Para. 1 BayBG) if at least one child under the age of 18 or other relatives in need of care require actual care or nursing by the applicant and there are no compelling official interests to the contrary.
    Please note the limited possibility of holding a part-time job.
  • Labour market policy reasons
    There is no longer a legal basis for approving a leave of absence for labour market policy reasons, as Art. 90 BayBG was repealed without replacement with effect from 1 January 2025 by § 1 No. 9 of the First Modernization Act of Bavaria (see GVBl. p. 605, available at Bayerisches Gesetz- und Verordnungsblatt No. 24-2024).

Family policy leave of absence

  • Civil servants with remuneration (not in preparatory service)
  • Permanent employment contract for employees covered by collective agreements
  • Mandatory official interests must not prevent the granting of leave of absence
  • Care or nursing of at least one child under the age of 18 or another relative in need of care according to a medical opinion

Parental leave

  • The applicant lives in a household with a child within the meaning of Section 15 (1) of the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz) and cares for and raises the child him/herself (Section 23 of the Leave and Maternity Protection Ordinance).

  • on parental leave:
    • Birth certificate or registration certificate of the child, proof of taking into custody
    • Declaration on handing over the booklet "Information on the consideration of child-raising periods in the civil servants' pension scheme
    • If applicable, certificate of premature birth

none

Civil servant teachers must submit the application for leave of absence to the school (special schools and vocational schools) or the education authority (primary and secondary schools) by mid-March of the respective calendar year.

The application for special leave must be submitted as soon as possible after the respective reason arises.

Applications for parental leave for children born on or after July 1, 2015 for the period up to the child's third birthday must be submitted in writing no later than seven weeks before the start of parental leave; applications for the period between the third birthday and the child's eighth birthday must be submitted in writing no later than 13 weeks before the start of parental leave.

Status: 28.10.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Unterricht und Kultus
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