As of: February 21, 2024, 12:00 p.m
By: Carina Blumenroth
Comments
Press
Split
Sometimes things turn out differently than planned.
For example, parental leave can coincide with the probationary period at work.
How this works.
The probationary period in the job is there to allow employers and employees to get to know each other.
During this time, both parties check whether their respective expectations are being met.
If this is not the case, the employment relationship can be terminated with two weeks' notice.
Reasons for this do not need to be given.
Full protection against dismissal then takes effect after six months of employment with the company.
However, there is special protection against dismissal for pregnant women.
There are also other regulations for employees on parental leave.
Special protection against dismissal: What does that actually mean?
You can also apply for parental leave during your probationary period and enjoy special protection against dismissal during this time.
(Symbolic image) © Tetra Images/Imago
Various employee groups, such as the severely disabled, enjoy special protection against dismissal.
The
Chevalier law firm
has put together the groups of people who enjoy special protection against dismissal:
Pregnant women, employees on maternity leave
Severely disabled people
Works council members, other employee representatives
Employees on parental or nursing leave
trainee
Those doing military and voluntary service
Can pregnant women be terminated during the probationary period?
In principle, maternity protection also applies during the probationary period, informs the
Chevalier law firm
.
This means that pregnant women enjoy special protection against dismissal.
This applies from the beginning of pregnancy and until four months after birth.
A pregnant woman can only be terminated under two conditions.
First: The company must be closed.
Secondly: It is unreasonable for the pregnant woman to continue to work due to her behavior.
If you are terminated during your probationary period, to be on the safe side, get legal advice on what you can do in your individual case.
Parental leave and probationary period – it is possible in principle
In principle, you can also apply for parental leave during your probationary period.
How this affects the length of your probationary period is not specified by law.
The employment contract or a possible collective agreement may provide information about this.
If you are employed part-time and have parental leave during your probationary period, this will generally not be extended, the
Chevalier law firm
informs .
The law firm reports that some employers extend the probationary period by the length of the parental leave.
Protection against dismissal begins with the registration of parental leave, but at the earliest one week before the start of the registration period.
The
family portal
has summarized this deadline for births from June 1, 2015:
My news
Appreciation at work: Twelve characteristics that show how important you are to your company read
“Work hard, play hard” and “fruit basket” – applicants can no longer hear these phrases
Interview: Three mistakes applicants should avoid read
When habit becomes a crime: Can you charge your cell phone in the office? read
Employees post their dismissal online: Read what consequences that could have in Germany
Inflation bonus 2024: Who could still benefit from the money as an employee read
At the earliest eight weeks before the start of parental leave, which is taken before the child's third birthday.
At the earliest 14 weeks before the start of parental leave, which you take between the child's third and eighth birthday.
Legally, the above-mentioned deadlines and conditions are regulated in paragraph 18 of the Federal Parental Allowance and Parental Leave Act (BEEG).
If you have also applied for parental leave at least seven weeks before it begins, you may only be released in exceptional cases and with the approval of the authorities, lawyer Andreas Wilke informs on the
Question-einen-anwalt.de
portal .
If no approval is available, it is advisable to file a dismissal protection claim.
You normally have three weeks to do this.