As of: March 12, 2024, 3:30 p.m
By: Carina Blumenroth
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You have taken parental leave so that you can be there for your child and family.
But can you actually lose your job during this time?
Put your job aside and focus entirely on caring for and raising your child - you can enjoy the special time shortly after birth and in the first years of life even more intensively with parental leave.
If you want to split your parental leave, you have until the child's eighth birthday.
The employer can only refuse parental leave for urgent operational reasons, informs the
Finanztip.de
portal .
But can you actually be fired during parental leave?
Do I have protection against dismissal during parental leave?
During parental leave, you are fully there for your children.
But can you actually be fired?
(Symbolic image) © Monkey Business 2/Shotshop/Imago
In principle, you enjoy special protection against dismissal during parental leave.
This is stipulated in the Federal Parental Allowance and Parental Leave Act (BEEG).
It says:
The employer may not terminate the employment relationship from the time parental leave was requested.
The protection against dismissal according to sentence 1 begins... 1. at the earliest eight weeks before the start of parental leave up to the child's third birthday and 2. at the earliest 14 weeks before the start of parental leave between the child's third birthday and the child's eighth year of life.
§ 18 BEEG
It also states that the employer is generally not allowed to terminate the employment relationship during parental leave.
In special cases, termination may be permitted.
However, the highest state authority responsible for occupational safety or the body designated by it must be involved.
As an employee, you enjoy protection against dismissal that begins before the requested parental leave and ends when it expires, informs the law firm
WBS.Legal.
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Observe deadlines to enjoy protection against dismissal
Apply for parental leave at the right time
You enjoy special protection against dismissal eight weeks before the start of parental leave.
Therefore, you should not apply for parental leave 12 weeks before it begins, as you will then have a period of four weeks during which you can theoretically still be terminated.
The
Techniker Krankenkasse
informs you that parental leave (for children before their third birthday) must be applied for around seven weeks before it begins.
If you want to take parental leave between the ages of four and eight, the deadline is 13 weeks.
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If fathers take parental leave, it affects mothers' career prospects.
You can then return to the job market more quickly, informs the
Institute for Labor Market and Occupational Research
(IAB).
Exceptions to protection against dismissal
Even if it is more difficult, you can be dismissed during parental leave.
For example, you can still be terminated without notice due to misconduct.
If you are employed in a small business, the legal regulations regarding special protection against dismissal do not apply.
This includes companies that do not employ more than ten employees in the long term.
The responsible state authority must agree here; consent is more likely for small businesses than for large companies,
WBS.Legal informs.
Likewise, exceptional situations such as insolvency or company closure are also grounds for termination during parental leave.
I want to quit my job even while on parental leave
Maybe while taking a break from your job you realize that the activity is no longer for you.
If you want to resign yourself, you have to pay attention to a special point during parental leave.
Regardless of what is stated in your employment contract, the three-month notice period applies to termination.
You can only avoid this if you come to an agreement with your employer.