Additional rights for expectant parents
Pregnancy and the prospect of becoming parents soon means a fundamental change in the life of many couples. In addition to regular medical check-ups and private preparations for a child, expectant mothers and fathers should also think about a few legal regulations that are particularly important in an existing employment relationship. In addition to some obligations towards the employer, this includes additional rights, especially for women, which they can claim in the event of pregnancy. But fathers-to-be also have some additional rights.
Maternity leave – deadlines and duration
Pregnant women should inform the employer in good time about the pregnancy, since the laws on maternity protection only come into force once the supervisor has been informed, as the legal portal “Anwalt.de” explains. There is no legal time limit for this. Should the employer require proof of the pregnancy in the form of a certificate, he must bear the costs incurred as a result. In addition, he would very likely want to know when the expected due date is 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 can continue to work of their own accord, but after the birth there is an eight-week ban on employment, which can be extended to twelve weeks in the case of premature or multiple births or in the case of a child with a disability, the portal continues.
If the continuation of work, for example due to heavy physical exertion, poses an extraordinary risk to the health of the woman or the child, a special employment ban can be issued. During this time, which can last longer than the actual maternity leave, the mother-to-be does not have to work.
In addition to employed women in an existing employment relationship, female soldiers, civil servants, interns and women in the Federal Volunteer Service also receive maternity leave. The same applies to female and female students, provided they pursue a paid part-time job. Pregnant women who miscarry 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 are only allowed to work eight and a half hours a day, minors only eight hours. Within a two-week period, pregnant employees may work a maximum of 90 hours, underage employees a maximum of 80 hours. Sunday work and night work from 8 p.m. to 10 p.m. is permitted with the consent of the pregnant woman.
In addition, pregnant women are protected against dismissal as part of maternity protection, which means that expectant mothers cannot be dismissed from the time of pregnancy until 16 weeks after pregnancy. If one of the employers fires you at an early stage of pregnancy because he does not yet know about it, the dismissal is invalid if the pregnant woman informs him of the pregnancy within two weeks of receiving the dismissal.
maternity allowance
With the start of maternity leave, usually six weeks before the expected date of birth, the pregnant woman receives a maternity wage, as Anwalt.de further explains. For those with statutory health insurance, this consists of a daily payment from the health insurance company in the amount of 13 euros and the average net salary of the last three months, which the employer continues to transfer as continued salary payment. If the average net salary exceeds what the health insurance company pays, the employer must cover the difference.
Privately insured pregnant women receive a one-time fee of 210 euros from the Federal Insurance Office and their maternity wage from their employer minus 13 euros.
parental leave and parental allowance
A right that both parents have is the right to parental leave, as the family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth informs. Both the mother and the father can apply for parental leave from the time of birth until the child’s third birthday, i.e. for 36 months. Another part of a maximum of 24 months can also be taken between the ages of three and eight. In any case, parental leave should be announced well in advance. In contrast to maternity leave, however, parents do not receive any wages during parental leave, so parents are entitled to parental allowance during this time as a substitute for their monthly income.
Both employees and students and trainees are entitled to parental leave and parental allowance. Adoptive parents or educators who are not the biological parents of the child but look after it as part of a marriage or a foster family are also entitled to parental leave and parental allowance. The parental allowance is based on the net salary of the previous twelve months. Basic parental allowance is paid out for the first 14 months after the birth, followed by parental allowance plus for up to 24 months after the birth. According to the Ministry, all groups of people who are not in paid employment 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 for the person who is on parental leave. From eight weeks before the start of parental leave and during parental leave, this person cannot be terminated.
Fathers have these rights
Fathers are not entitled to maternity leave, but as already mentioned, they are entitled to parental leave and parental allowance. As a result, they cannot be terminated within this framework for the duration of the parental leave. In addition, employed fathers-to-be are entitled to extra paid leave for the day or two of the birth.
Editorial office finanzen.net
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