Can I extend my maternity leave?
Extending parental leave - you should bear this in mind
A child brings a lot responsibility with itself and often changes the usual life from the ground up. So that parents can devote themselves to their offspring, in German labor law is Parental leave intended.
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During this time there is a special one Protection against dismissal and parents thus have time to worry about the care, support focus on your child.
In a nutshell: extend parental leave
An extension of the requested parental leave is generally possible, provided that it corresponds to the usual time windows and application deadlines. In principle, a minimum period of two months applies to parental leave in order to be entitled to parental allowance.
With regard to the approval of parental leave, the following applies: During the first 24 months, the employer must generally decide at "reasonable discretion" if it is a question of extending or shortening periods that have already been agreed.
The employer can normally only refuse to extend a father or mother's parental leave if there are urgent operational reasons against it.
However, parental leave does not have to be taken in one go, it can be split be - it is important to clarify this with the supervisor. Would employees like parental leave that is already in progress? extend, there is a legal peculiarity - the advisor explains.
The maximum parental leave - how many months are actually allowed?
In total there are at most three years Parental leave provided. In addition, employees cannot extend parental leave any further. Theoretically, paid leave could be taken, but then the Protection against dismissal omitted.
Parental leave can be up to completed eight years of age of the child. As far as the number of sections is concerned, two groups are distinguished due to a legal reform: For children who are up to June 30, 2015 were born, the parental leave can only be divided into two sections. For births from July 01, 2015 a division into three sections is possible.
If parents are on parental leave and want to extend it, this must be done within the given deadlines happen. In the past there have been some complications that affected the first two years after the birth - these are, in a sense, a Special case.
These are the legal bases
The use of parental leave is mainly dependent on age of the childwhether a request accordingly in time was asked - and, depending on the constellation, whether the employer agrees to that.
Here is a look at the applicable laws: That Federal Parental Allowance and Parental Leave Act With regard to how employers can apply for and extend parental leave, Section 16 initially states the following:
(1) If you want to take parental leave, you have to
1. for the period up to the child's third year of life at the latest seven weeks and
2. for the period between the child's third birthday and the child's eighth year at the latest 13 weeks
request in writing from the employer before the start of parental leave.
So far, so good - the lead time depends on the age of the child. Until the third year at least seven weeks communicated with the employer beforehand, between the ages of three and eight thirteen weeks. These deadlines can be shortened in the event of urgency or special circumstances - for example, if parental leave is planned for a foster child and the custody has only recently been transferred.
Would parents want within the first time after the birth of the child apply for or extend parental leave, the following still applies:
If the employee requests parental leave according to sentence 1 number 1, he or she must at the same time declare the periods for which parental leave is to be taken within two years.
That means in plain language: If mothers or fathers plan to take parental leave in the first two years after the birth of their child, then it must be agreed in advance with the employer exactly when this should take place. An employer is usually allowed to do this don't refuse; however, employees want to work in the first two years extend or shorten an agreed parental leave, then it is more or less A matter of judgment of the employer whether he approves this.
Judgment on the extension of parental leave in the first two years: Employer must act according to "equitable discretion"
Especially when it comes to extending parental leave to three years in the first 24 months, there are often disputes between employees and employers. Because when and whether a childcare break is approved in a manner deviating from the agreements is not clearly defined in legal terms.
If employees want to extend or shorten their parental leave within the stipulated two years, then the employer is informed by law no specific requirements regarding their handling - which, conversely, means that they can basically decide freely whether an application is granted. This leads to it being just too Rejections can come.
It was exactly about this fact that one revolved around negotiation from the Year 2011 (9 AZR 315/10): A plaintiff took a one year old after the birth of her fifth child Parental leavewhich they extend wanted - the reason was her state of health. The application was submitted on time, but the employer refused the request. When the mother did not show up for work, she received one Warning for fraudulent working hours. The Labor court initially agreed with the plaintiff and ruled that the warning should be removed and the extension approved; the State Labor Court however, saw no infringement. The application may be refused freely as long as it is not Abuse of law act - this would be the case if it was obviously a matter of harassment or a non-renewal would be unreasonable for the employer.
The plaintiff went into Revision, and the matter ended up before the Federal Labor Court. This made a decisive judgment in terms of the employer's responsibility.
Does the employee want one in the first two years after the birth of the child Extend parental leave, then the employer has to "reasonable discretion" according to Section 315 (3) BGB act. This means: The decision must not be made arbitrarily or at will, but should be made in consideration of all interests.
The employer must therefore weigh up his interests and those of the employee; is a rejection unfair in the sense that it is only of use to one person, there is usually a right to an extension. The case was referred to the regional court, which should examine the relevant circumstances.
Please note: This procedure is a special case, since the plaintiff only has one one year parental leave had stated. If the first 24 months were planned as time off, this was also observed and the employee would like to apply for a third year of parental leave, usually no such confirmation from the employer is required.
In summary, that means: There may be complications in the first two years.
Now workers don't need to panic unnecessarily. As a rule, it is like this: Was the application provided in time and the specified sections / three years are not exceeded, a Extending parental leave usually without any problems. A Rejection should only be out of urgency operational reasons respectively. There is an exception when it comes to changing what has already been agreed two years after the birth of the child acts. In order to avoid complications, especially in these first two years, you should early contact with the employer is sought.(104 Ratings, average: 4,20 of 5)
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