Parental leave – rights vis-à-vis the employer
Which regulations protect you during parental leave? What can you demand from your employer? Only well informed do you know what rights you have against the employer during parental leave. We answer eight of the most important questions about employers, workplaces and parental leave.
Can your employer terminate your contract during parental leave?
During parental leave, you are subject to the special protection against dismissal that you already have during maternity leave. This means that your employer can only terminate you during parental leave in exceptional cases. This regulation already applies from the registration of parental leave, but at the earliest eight weeks before. If you and your partner take turns on parental leave, the special protection against dismissal only applies to the parent who is on parental leave. If you use your parental leave at the same time, you both may not be terminated without further ado.
If your employer nevertheless terminates you during parental leave, he must give valid reasons to the responsible state authority for occupational safety and health. A termination is considered permissible, for example, if the company is shut down or if you violate the labor law obligations. In any case, you have the opportunity to challenge the termination in a statement. Do not wait too long, because three weeks after the announcement of the decision, the termination is considered final.
When parental leave is over, both you and your employer can terminate the employment relationship in compliance with the statutory notice period stipulated in an individual contract or collective agreement.
Can parental leave be shortened or extended?
As a rule, you can only end or extend parental leave prematurely with the consent of your employer. In special cases, such as the birth of another child, serious illness of one parent or endangered economic existence of the parents, parental leave may be terminated prematurely without the consent of the employer. If your employer does not register “urgent operational reasons” within one month, you can return to work earlier. Even if parental leave ends prematurely, you can have it transferred for up to 12 months and use it until your child’s eighth birthday.
If you and your partner divide the parental leave and the change cannot go smoothly for important reasons, the employer must agree to the extension of the parental leave. A discontinuation of the originally envisaged childcare option is also considered a permissible reason for extending parental leave.
What happens to your annual leave?
Your leave can be reduced proportionately – by one twelfth for each full calendar month of parental leave. Your employer must approve the remaining leave after parental leave in the current or next leave year. However, these regulations do not apply if you are employed part-time during parental leave. In this case, you are entitled to all vacation days that you can also use during parental leave. If your employment relationship ends during parental leave, you can have the rest of your leave paid out.
Will you get your old job back after parental leave?
After parental leave, the employer is obliged to offer you the same oran equivalentjob. Depending on what your employment contract looks like and what activity you perform, it may happen that you start a new job within the company. However, a disadvantage or a lower salary is not permitted. You can get tips for returning to work in our article “9 tips: Working after parental leave”.
Can agreements with the employer expire?
The registration of your parental leave with the employer, as well as any further change, should always be submitted in writing and confirmed. In this way, there are no misunderstandings and your employer cannot easily deviate from agreements. But beware: A new employer is not bound by old agreements. If you change employers during your parental leave, details such as the duration and distribution of parental leave must be agreed again.
What is the regulation for fixed-term employment contracts?
A fixed-term employment contract is not extended by parental leave and, unless your employer offers an extension or permanent position, ends on the specified date. On the other hand, this is not the case for trainees, who can usually continue their training after parental leave. The duration of the training is then extended according to the parental leave used. As a trainee, you should still inform yourself exactly at the responsible chamber about possibilities and stumbling blocks.
What rights do you have to demand part-time parental leave from your employer?
While you are on parental leave, you can work up to 30 hours per week part-time or in a part-time job. Under certain circumstances, you can even claim a part-time position from your employer. If the company employs more than 15 employees, you have been continuously employed for at least six months and claim at least two months of part-time, only “urgent operational reasons” can prevent a part-time job. You can get more information on this topic in our article “Parental leave and part-time work?”.
If you are unsure or have further questions, you can get advice from the local parental allowance office. We have also compiled a lot of useful information on the subject ofparental leave. For example, what you should consider whenregistering for your parental leave.