Information on parental leave
Every parent is entitled to parental leave to care for and bring up his or her child until the child reaches the age of three.
Parental leave is a claim of the employee against the employer. During parental leave, the main duties of the employment relationship are suspended.
However, the employment relationship remains in force and after the end of parental leave the employee is entitled to return to the original job or to a job equivalent to the previous one.
3. notification deadlines
Employees must request their parental leave in writing from the employer at least 7 weeks before it is due to begin. This takes into account organisational difficulties, especially of medium-sized employers, in finding replacement staff.
In order to make parental leave flexible and at the same time ensure the necessary planning security for the employer side, parents must commit themselves for the next 2 years from the beginning of parental leave when registering. If parental leave is taken by the mother immediately after the maternity protection period or immediately after a leave following the maternity protection period, she only has to commit herself until the child reaches the age of 2.
4. permissible part-time work during parental leave
During parental leave, part-time employment of up to 30 hours per week is permitted. If parental leave is taken at the same time, parents can thus work a total of 60 hours per week (30 + 30). This provides the opportunity to secure the family income to a certain extent even during parental leave. Both father and mother are not forced to interrupt their gainful employment and can take over the care of their child themselves. This corresponds to the wishes of many parents and at the same time also meets the needs of companies. They have highly motivated employees and do not have to do without their proven skilled workers for a longer period of time.
5 Entitlement to reduction of working time
Under certain conditions, there is an entitlement to a reduction in working time during parental leave within the range of 15 to 30 hours per week. The entitlement applies in all companies with more than 15 employees. There is no entitlement to a reduction in working time if there are urgent operational reasons to the contrary. There is a right to return to the previous working time after the end of parental leave.
6 Protection against dismissal during parental leave
From the time parental leave has been registered, but no earlier than 8 weeks before the start of parental leave and during parental leave, the employer may not terminate the employment relationship. Only in special cases may a termination be declared admissible as an exception. The supreme Land authority responsible for occupational health and safety or a body designated by it shall clarify the admissibility.
More information is available at service-bw.