Pregnancy, maternity leave, employer: everything you need to know!
Which maternity and parental leave regulations are important for pregnant employees and employers? And what is the best way for both sides to return to work? Everything you need to know about notification obligations, working hours, employer risk assessments, parental leave, returning to work and part-time work.
In recent years, the legal situation surrounding maternity protection and parental leave has become much more complex. At the same time, this has led to expectant parents, HR managers and executives losing their way in the jungle of authorities.
You can find out everything you need to know about maternity protection and parental leave if you are working here.
In this article you can read:
- Pregnancy notification to the employer
- Pregnancy & occupational safety
- Parental leave
- What are the requirements for taking parental leave?
- Who can take parental leave?
- When and for how long can parental leave be taken?
- How can parental leave be split?
- How do I apply for parental leave?
- When can I apply for parental leave?
- Can the period of parental leave be changed?
- Can I end my parental leave early?
- What rights and obligations does the employer have with regard to parental leave?
- Part-time: What are the requirements?
- Leave during parental leave: Is there an entitlement?
- Returning from parental leave: what rights do I have?
- Do I have protection against dismissal during parental leave?
1. notification of pregnancy to the employer
If parents are expecting a child soon, the next step is to inform the HR manager or supervisor.
However, there are various regulations that you should know about pregnancy notifications.
1.1 When must an employee's pregnancy be reported?
In principle, there is no obligation to notify the employer of a pregnancy. The employee can choose the time herself.
However, early notification of pregnancy is recommended because only then can the employer take measures to protect mother and child. For the employer, early notification makes it easier to plan for replacement and work organization during maternity protection periods.
However, the employer may request a certificate from a doctor or midwife as proof and must bear the costs for this.
1.2 What must the employer do in response to the notification?
Steps for employers after notification of pregnancy:
- Notification of the responsible supervisory authority (in Berlin, for example, this is the State Office for Occupational Safety and Risk Assessment).
- Individual risk assessment for the workplace and the activities carried out by the employee.
- Offer the expectant mother a personal consultation.
- Notification of persons in the company who are entrusted with the execution/implementation of the protective measures (occupational health and safety vs. data protection)
- Seek advice from the responsible supervisory authority!
2. pregnancy & occupational safety
Legal regulations in the event of pregnancy serve to protect the physical and mental health of the woman and the child.
Managers should examine the working conditions to which a pregnant or breastfeeding woman and her child may be exposed as part of the general assessment under occupational health and safety law.
The results of the risk assessment must be documented and the entire workforce informed about them. If there are more than three female employees, the Maternity Protection Act must be handed out or made available digitally.
2.1 When do I no longer have to work as a pregnant or breastfeeding woman?
Prohibitions for pregnant and breastfeeding women:
- More than 8.5 hours a day or more than 90 hours in a double week
- Additional work (overtime)
- Night work (between 10 p.m. and 6 a.m.)
- Sundays and public holidays
- Rest period of less than 11 hours (especially for shift work)
Note: With the employee's consent (which she can revoke at any time) and the approval of the supervisory authority, work may be performed between 8 p.m. and 10 p.m. and on Sundays and public holidays.
2.2 When do employment bans come into force?
An employment ban comes into force for the following activities:
- Hazardous and biological substances
- Physical effects (radiation, vibrations, noise, heat, cold)
- moisture, pressure, oxygen reduction) to a dangerous degree
- Physical loads (e.g. loads over 5 kg)
- Piecework, assembly line or clocked work
VDU work is not prohibited, but can be optimized if necessary.
2.3 What protection periods must be observed around the time of birth?
- Before birth: 6 weeks
- After birth: 8 weeks, 12 weeks for premature and multiple births
Note: The employee can also agree to work before the birth within the protection period. This can be revoked by the expectant mother at any time.
2.4 Breastfeeding mothers in the company
If a mother decides to breastfeed her child in the office, employers are faced with the question of how they should design the workplace to create a breastfeeding-friendly environment for mother and child.
2.5 How can breastfeeding-friendly workplaces be designed in companies?
As a rule, a retreat and break room is sufficient, ideally with comfortable seating, a breastfeeding cushion and a mobile privacy screen.
If no childcare can be provided on site at the company, it is important to arrange procedures that are as smooth as possible, such as a private childminder who can bring and collect the baby. A way of keeping expressed breast milk refrigerated can also be very helpful.
The time off for breastfeeding is at least twice a day for 30 minutes or once a day for 60 minutes (until the child's first birthday). It is important that the time off is requested verbally or in writing.
If more than 8 hours are worked without a rest break of at least 2 hours during this time, the time off for breastfeeding is at least 45 minutes twice a day.
If there is no opportunity to breastfeed the child near the breastfeeding mother's workplace, a breastfeeding period of at least 90 minutes may be required.
Even if you work part-time, you are entitled to time for breastfeeding. However, if you work part-time, you must also take the employer's interests into account and schedule the times when you breastfeed your child so that you miss as little working time as possible.
3. parental leave
Parental leave is a period of professional leave during which women and men take care of a child after its birth. They are entitled to be offered an equivalent position in the company upon their return.
3.1 What are the requirements for taking parental leave?
The child must live in the same household and is mainly cared for and brought up by the parents themselves.
3.2 Who can take parental leave?
- Employees and trainees
- Physical parents
- Adoptive parents
- Foster parents
- Grandparents, if applicable (if parent is a minor or started education while a minor)
- each parent alone or both together
3.3 When and for how long can parental leave be taken?
Each parent can take up to three years (36 months) of parental leave between the birth of the child and their 8th birthday.
This regulation applies to every child that is cared for in the same household. The periods may overlap.
In the case of twins , a total of 6 years of parental leave can be taken.
3.4 How can parental leave be divided up?
A total of three time periods are possible. These can be divided into daily, weekly or monthly periods.
Of the 36 months of parental leave to which each parent is entitled, a maximum of 24 months can be taken between the child's 3rd and 8th birthday.
Maternity leave (after the birth) is counted in full towards parental leave.
3.5 How can parental leave be applied for?
Parental leave must be registered in writing with the employer. A handwritten signature is required. An e-mail alone is therefore not sufficient.
3.6 When can parental leave be applied for?
The application deadlines are as follows:
- 7 weeks between birth and the 3rd birthday
- 13 weeks between the 3rd and 8th birthday
Please note: If the mother was unable to meet the deadline for registration for objective reasons, such as complications during the birth.
3.7 Can the period of parental leave be changed?
The allocation of parental leave is binding for 2 years from the date of application (before the child's 3rd birthday). A change (extension) requires the consent of the employer.
If parental leave was requested for the first year of life, for example, parental leave is automatically deemed to have ended after the deadline.
3.8 Can parental leave be terminated prematurely?
Premature termination is possible if the following reasons arise:
- Birth of another child
- Serious illness of the employee
- Severe disability of a parent
- Death of a parent
- Death of the child of a parent
- Death of the child (parental leave ends 3 weeks after death)
- Significant threat to the parents' livelihood after taking parental leave (employer can refuse in writing within 4 weeks for urgent operational reasons)
- Renewed maternity protection period (employee should notify in good time; employer's consent not required)
3.9 What rights and obligations does the employer have in relation to parental leave?
Parental leave cannot be waived. The employer can even grant more than three periods or refuse the third period for urgent operational reasons if it is to be between the 3rd and 8th birthday. The employer must comply with a deadline of 8 weeks after receipt of the application.
Parental leave must be certified by the employer.
In the event of a change of employer , the employee may have to provide the (new) employer with proof of previous parental leave in the form of a certificate from the (previous) employer. Subject to the total duration, it is possible to agree to an early termination or extension of parental leave.
4 What are the requirements for working part-time?
The following requirements must be met:
- At least 15 employees (excluding trainees)
- Employment relationship has existed for at least 6 months
- Reduction in working hours to no less than 15 hours per week
- Working time no more than 32 hours per week
- Reduction in working hours for at least 2 months
If you were already working part-time for less than 32 hours before taking parental leave, you can continue to do so unchanged.
4.1 How can I apply for part-time work during parental leave?
The application deadlines are the same as for parental leave:
- 7 weeks between birth and the 3rd birthday
- 13 weeks between 3rd and 8th birthday
Please note: The application must state the start and duration of part-time work during parental leave. Specifying the distribution of the time is optional.
The employment contract does not have to be changed!
4.2 What rights and obligations does the employer have if part-time work is desired during parental leave?
An application for part-time work can only be rejected for urgent operational reasons. The employer must observe the following deadlines:
- Within 4 weeks (for parental leave until the 3rd birthday)
- Within 8 weeks (for parental leave until the 8th birthday)
- If applicable, labor court decides
4.3 What rights and obligations does the employer have in relation to parental leave?
Parental leave cannot be waived. The employer can even grant more than three periods or refuse the third period for urgent operational reasons if it falls between the 3rd and 8th birthday.
Note: If the rejection is not made within the deadline:
There is a fictitious agreement, i.e. the reduction in working hours is binding in accordance with the employee's wishes.
If the employee works part-time for another employer during parental leave, the application can only be rejected in writing for urgent operational reasons.
5. is there a leave entitlement during parental leave?
- The vacation time is reduced by 1/12 for each full month of parental leave.
- There is no reduction in leave entitlement for part-time work during parental leave.
- Any remaining leave before the start of maternity or parental leave cannot be forfeited.
- If too much leave has been taken, this can be credited after parental leave.
- Employment bans due to maternity protection count as active employment periods.
- The employer must submit a reduction declaration, i.e. the employer must declare to the employee that the leave will be reduced during parental leave.
6 What rights do I have after returning from parental leave?
Employees returning from parental leave can assert the following rights:
- Entitlement to an equivalent position
- Grandfathering: same number of hours, same or comparable tasks, same salary.
7. is there protection against dismissal during parental leave?
Mothers are protected against dismissal throughout their pregnancy and up to four months after giving birth. It is sufficient for the employer to be notified of the pregnancy/delivery 2 weeks after receipt of the notice of termination.
Both parents are protected against dismissal from the time they request parental leave, but at the earliest 8 weeks before the start of parental leave up to the 3rd birthday and 14 weeks before the start of parental leave between the 3rd and 8th birthday.
Fixed-term employment contracts end as agreed. It should be noted that it is possible to apply to the Occupational Health and Safety Authority for a declaration of admissibility of the termination. Termination at the end of parental leave with a notice period of 3 months is possible.
