After parental leave: These are your rights and obligations
Created: 08/26/2022, 15:58
By: Carina Blumenroth
Prepare for your return to work during your maternity leave.
For example, keep in touch with colleagues.
(Iconic image) © Ute Grabowsky/Imago
Maternity leave allows you to focus on the new family member - getting back to work can be difficult.
With parental leave, you not only gain valuable time with your child, but on the other hand there are financial losses and unanswered questions about exactly how your job will continue.
Below you will find out what you need to bear in mind when taking parental leave.
Maternity leave: what is it actually?
Parental leave is an unpaid break from work that parents are entitled to in order to look after and bring up their children.
Together with maternity leave, parental leave in Germany can last up to three years per child.
You can choose the release from the job, it ends at the latest when the child reaches the age of eight.
As the federal family portal informs, part of the parental leave must be taken before the child's third birthday.
Another part can be used in the period after that, so that you can take parental leave as you need it.
During parental leave you will not receive any wages from your employer, you can apply for parental allowance instead.
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Who can apply for parental leave?
You can apply for parental leave independently of your partner, so you may well take parental leave at the same time to fully concentrate on your family.
You can get parental leave:
for a biological child
for a biological child of your partner
for children for whom you have applied for acknowledgment of paternity
for a foster child in full-time foster care
for your adopted child (even if the procedure is still ongoing)
for your grandchild if one of the parents is still a minor or started the education before their 18th birthday
in special cases: for children of close relatives.
Rights after parental leave: How to get back to work
Basically, you are protected from dismissal during your parental leave, you are also entitled to an equivalent job and the same salary.
Nevertheless, it can sometimes be difficult to get back to work after parental leave.
There is protection against dismissal up to four weeks before the end of parental leave, which includes both ordinary and extraordinary dismissals.
If your employer still wants to fire you, this can only be done with the consent of the Labor and Social Court.
Since your old employment contract is only suspended, the conditions of your contract continue to apply to you.
Minor changes in terms of job, working hours or location may be possible.
However, the actual core remains and you must not deteriorate.
When you go back to work, you can still use the remaining vacation time that you had before your parental leave.
Termination of the employment contract: the most important facts that everyone should know
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Problems returning to work after parental leave
Talk to your employer if you are being used for completely different jobs.
If that doesn't bear fruit, then contact the works council or a women's representative in large companies.
If neither is available, please contact the Federal Anti-Discrimination Agency.
This could help you during your maternity leave
The career
portal Kununu
has put together tips on how you can prepare for a return to work during your parental leave.
Maintaining contact with colleagues: Are there any innovations in the workflow?
Are there other changes?
Stay up to date and stay in touch.
Contact the supervisor in good time: Prepare yourself in the long term so that you can soon get back to work.
That strengthens trust.
Start your job refreshed: Make sure that when you return to work you are as rested as possible.
Find out about possible further training courses.
