Basic Rights of Employees stemming from legislation chapter 3 de
National law – DE– Legal system – module 2
On 1 January 2017, a new Maternity Protection Act came into force with various amendments and consolidation of related law. One of the changes is that if an employee gives birth to a disabled child, the period of protection for all rights (i.e. to maternity leave and pay and protection against dismissal) increases from eight to twelve weeks.
From the beginning of pregnancy until four months after giving birth, the employer is not allowed to give notice to the employee;
type of work allowed is restricted;
work is not allowed at certain times;
working isn’t allowed six weeks before giving birth;
working isn’t allowed eight weeks after giving birth;
breastfeeding mothers are entitled to special breastfeeding breaks of at least half-an-hour twice a day or one hour once a day.
Parental leave (Elternzeit)
Good News: The elternzeit could be taken until the child is three years old – so the third birthday is the first day of work. The employer doesn’t have to agree.
Here are some points to note:
During elternzeit there is a ‘sleeping contract’. This means that the contract still exists but it is not necessary to work and the employer doesn´t have to pay. Both parties must, however, observe the other’s rights and duties. That means that both have to be loyal to each other – for instance, the employee may not work for other employers or as a freelancer without asking the employer; otherwise, the employer has the right to fire.
It is legally possibility to work part-time during elternzeit.
How to apply Elternzeit can be taken from one day to the next. The employee must be informed at least seven weeks in advance.
The letter:
”Sehr geehrte Damen und Herren,
ich nehme elternzeit für meinen Sohn …., geboren am …., für die Zeit vom … bis zum ….“
Sign the letter.
Fathers also can take elternzeit.
Part-time work during elternzeit
During elternzeit the employee can work part-time, but no more than 30 hours per week (75 percent). It makes no difference if the employee works part-time for your employer or freelance for another employer – 30 hours per week is the maximum.
Elterngeld
The employee could qualify for ‘elterngeld‘. It is paid by the state and can be paid from the date of birth until the end of the 14th month.
With the introduction of ElterngeldPlus and the four additional partnership bonus months to the retrofits the existing federal parental benefits and parents time Act was fundamentally reformed.
The ElterngeldPlus is a new service for this generation of compatibility. The combination of parental allowance and part-time work is made easier. Parents are supported in their wish to enter a compatible partnership of family and vocation early on. The ElterngeldPlus encourages parents to implement their ideas of family life and partnership.
How to apply for the ElterngeldPlus:
You can choose between the Elterngeld and ElterngeldPlus, or combine both of them.
The ElterngeldPlus is applied for, like the Elterngeld, after the birth of the child in written form and at your parental allowance office.
A retrospective payment of the parental allowance is possible at most for three months prior to the month in which the application was submitted to your parental allowance office. It is therefore recommendable to submit the application to the parental allowance office within the first three months of your child’s life.
Each parent can apply individually for a parental allowance. The respective application can be altered until the end of the parental allowance period of entitlement, but only for monthly sums not yet paid. Months in which ElterngeldPlus has already been paid can subsequently be converted into Elterngeld months.
Work after elternzeit
The employer is obliged to take the employee back because there exist a working contract. Part-time work after Elternzeit is also possible.
In many cases part time work is not possible, because the employer doesn´t want it due to their belief that the employee will be absent frequently due to children being ill or other child-related reasons for being off work.
Some employers offer a corporate child care to strengthen the reconciliation of family and career. Also, there is a State right to a place to child care in Germany.
On 1 January 2017, a new Maternity Protection Act came into force with various amendments and consolidation of related law. One of the changes is that if an employee gives birth to a disabled child, the period of protection for all rights (i.e. to maternity leave and pay and protection against dismissal) increases from eight to twelve weeks.
Parental leave (Elternzeit)
It is legally possibility to work part-time during elternzeit.
How to apply
Elternzeit can be taken from one day to the next. The employee must be informed at least seven weeks in advance.
Fathers also can take elternzeit.
Part-time work during elternzeit
Elterngeld
The employee could qualify for ‘elterngeld‘. It is paid by the state and can be paid from the date of birth until the end of the 14th month.
With the introduction of ElterngeldPlus and the four additional partnership bonus months to the retrofits the existing federal parental benefits and parents time Act was fundamentally reformed.
The ElterngeldPlus is a new service for this generation of compatibility. The combination of parental allowance and part-time work is made easier. Parents are supported in their wish to enter a compatible partnership of family and vocation early on. The ElterngeldPlus encourages parents to implement their ideas of family life and partnership.
How to apply for the ElterngeldPlus:
Work after elternzeit
The employer is obliged to take the employee back because there exist a working contract. Part-time work after Elternzeit is also possible.
In many cases part time work is not possible, because the employer doesn´t want it due to their belief that the employee will be absent frequently due to children being ill or other child-related reasons for being off work.
Some employers offer a corporate child care to strengthen the reconciliation of family and career. Also, there is a State right to a place to child care in Germany.
-
Add a note