Advice on parental leave, maternity protection and part-time work
Pregnancy, birth and family time raise many employment law questions. The law gives expectant mothers and parents special protection, but also requires compliance with formal requirements. We advise you on your rights and support you in disputes with your employer.
The key points at a glance
Maternity protection
The Maternity Protection Act provides for protective periods before and after childbirth as well as prohibitions on employment to protect mother and child. Under § 17 MuSchG, dismissal during pregnancy and until four months after childbirth is generally prohibited. Exceptions require the prior approval of the competent authority.
Parental leave
Each parent may take up to three years of parental leave until the child's third birthday. Part of this may be carried over to the period up to the child's eighth birthday. Parental leave must be requested from the employer in writing and in good time. From the date of the request, special protection against dismissal applies under § 18 BEEG – at the earliest eight weeks before the start of parental leave taken up to the third birthday, and at the earliest 14 weeks before in the case of later parental leave.
Part-time work during parental leave
Part-time work to a limited extent is permitted during parental leave. Subject to certain conditions, for example regarding the size of the business and the length of employment, there is a right to reduce working hours, which the employer may refuse only on urgent operational grounds.
General right to part-time work
Independently of parental leave, employees may also request a reduction in their working hours under the Part-Time and Fixed-Term Employment Act if their employment has lasted more than six months and the employer normally employs more than fifteen employees. In larger businesses, temporary “bridge” part-time work may also be an option. The application must be made no later than three months before the desired start date.
How we proceed
We discuss with you how you would like to schedule maternity protection, parental leave and, where applicable, part-time work, and set out the legal options.
We review or draft your applications and declarations so that form and deadlines are observed and your entitlement is clearly stated.
If your employer rejects your application or gives notice of dismissal, we represent you in dealings with the employer and before the labour court.
Frequently asked questions
Do I have to inform my employer of my pregnancy?
There is no obligation to do so, but the law recommends early notification so that the protective provisions can be applied. If you have already been dismissed, protection against dismissal still applies if you notify the employer of your pregnancy within two weeks of receiving the notice. Later notification may still suffice if the delay was through no fault of your own.
Am I entitled to my old job after parental leave?
You are entitled to be employed on the contractually agreed terms, but not necessarily in exactly the same position. Within the scope of the right to issue instructions, the employer may assign you to equivalent work. We assess on a case-by-case basis whether a position offered is equivalent.
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