Prospective parents: Maternity protection and parental benefit: Prospective parents have these rights | News

Additional rights for prospective parents

Pregnancy and the prospect of becoming parents soon will bring about a fundamental change in the lives of many couples. Future mothers and fathers, in addition to regular medical examinations and private preparations for the child, should also think about several legal regulations that are particularly important in the existing employment relationship. In addition to certain obligations to the employer, this includes additional rights, especially for women, which they can apply for if they become pregnant. But future fathers also have additional rights.

Maternity leave – dates and duration

Pregnant women should inform their employer of their pregnancy in good time, as the maternity protection regulations only come into effect after informing their supervisor, as explained by the legal portal “”. There is no legal deadline for this. If the employer requires proof of pregnancy in the form of a certificate, he must bear the resulting costs. In addition, most likely he would like to know when the due date is due and when maternity leave will begin.

Statutory maternity protection begins six weeks before the expected date of birth and ends eight weeks after the birth. During prenatal maternity leave, pregnant women may continue to work voluntarily, but there is an eight-week ban on employment after childbirth, which may be extended to twelve weeks in the event of premature, multiple or birth births. disabled child, the portal continues.

If the continuation of work, e.g. due to heavy physical exertion, creates an extraordinary threat to the health of the woman or child, a special employment ban may be issued. During this period, which may be longer than the actual maternity leave, the expectant mother does not have to work.

In addition to the women employed in the previous employment relationship, women soldiers, clerks, interns and women in the Federal Volunteer Service also receive maternity leave. The same applies to female and male students, provided they are in paid part-time work. Pregnant women who have a miscarriage after the 12th week of pregnancy also receive the planned maternity leave.

Maternity Protection Act – working hours and notice period

Expectant mothers who are of legal age may only work eight and a half hours a day, and minors only eight hours. During two weeks, pregnant employees may work a maximum of 90 hours, and minors a maximum of 80 hours. Work on Sundays and nights from 20:00 to 22:00 is allowed with the consent of the pregnant woman.

In addition, pregnant women are protected against dismissal under maternity protection, which means that pregnant women cannot be dismissed from the time of pregnancy until the 16th week after pregnancy. If one of the employers dismisses you in the early stages of pregnancy because they do not know it yet, the dismissal is invalid if the pregnant woman informs her that she is pregnant within two weeks of receiving the dismissal.

maternity allowance

With the commencement of maternity leave, usually six weeks before the expected date of birth, the pregnant woman receives maternity pay, explains In the case of statutory health insurance, this consists of a daily payment from the health insurance fund of EUR 13 and the average net wage for the last three months, which the employer continues to provide as a continuation of the wage payment. If the average net salary exceeds what the health insurance company pays, the employer must pay the difference.

Privately insured pregnant women receive a one-time payment of 210 euros from the Federal Insurance Agency and maternity pay from the employer minus 13 euros.

parental leave and childcare allowance

The right for both parents is the right to parental leave, according to the family portal of the Federal Ministry for Family, Seniors, Women and Youth. Both the mother and father can apply for parental leave from the moment the child is born until the third year of life, i.e. for 36 months. Another part of a maximum of 24 months may also be taken at the age of three to eight. In any case, parental leave should be announced well in advance. However, unlike maternity leave, parents do not receive salary during parental leave, so during this period, parents are entitled to a parental allowance as a substitute for their monthly income.

Both employees, students and trainees are entitled to parental leave and childcare allowance. Parents or adoptive educators who are not the biological parents of the child but look after him as part of a marriage or foster family are also entitled to parental leave and childcare allowance. The childcare allowance is based on the net salary for the last twelve months. Basic childbirth allowance is paid for the first 14 months after childbirth, followed by parental allowance plus up to 24 months after childbirth. According to the Ministry, all groups of people who are not employed are not entitled to parental leave and parental allowance. These include the self-employed, volunteers and the unemployed.

Another aspect of parental leave is protection against dismissal of a person on parental leave. From eight weeks before the start of parental leave and during the parental leave, the person may not be terminated.

Fathers have these rights

Fathers are not entitled to maternity leave, but, as already mentioned, they are entitled to parental leave and childcare allowance. Consequently, they cannot be terminated under this framework for the duration of the parental leave. Moreover, employed future fathers are entitled to additional paid leave for a day or two of childbirth.

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