The protection of (expectant) mothers and (unborn) children is regulated by law through the Mutterschutzgesetz (Maternity Protection Act) - abbreviated to ‘MuSchG’. This provides female employees with special protection during pregnancy and after childbirth. The protection period, in accordance with the MuSchG, commences six weeks before the expected due date and ends eight weeks after childbirth or twelve weeks after the birth of more than one child as well as (upon application) if the child is disabled.
Who needs to be told?
The Personnel department must be informed in writing about a pregnancy by the employee as soon as possible, as the employee can only benefit from the protection rights of the MuSchG if she has told the university about her pregnancy.
What financial benefits are available? – Maternity pay
During the protection period in accordance with the MuSchG, employees receive maternity pay from their health insurance company as income replacement. Women who are in employment and are entitled to sick pay as part of their health insurance policy are fundamentally entitled to maternity pay. The health insurance company of the pregnant woman as well as the Bundesversicherungsamt (Federal Social Insurance Authority) can provide information and application forms.
For the time after the birth of a child or children the law enables parents to take time together with their child(ren). Regulations to this effect are enshrined in the Bundeselterngeld- und Elternzeitgesetz (parental allowance and parental leave act). Both parents are able to take parental leave of up to three years per child. Organisation of parental leave is flexible. It can be used by one parent, used alternately by both parents or used by both parents at the same time. The legislator provides for parents taking parental leave as a partnership and therefore also offers corresponding parental allowance models. Employment during parental leave is permissible provided that the hours worked per week are less than 30. The employer must be informed about parental leave in advance. Please contact the Human Resources department in this regard.
What financial support is available during parental leave?
Elterngeld (parental allowance) works as a form of wage compensation for parents who are looking after their children after birth. Any parent who does not work more than 30 hours per week, and is thus not gainfully employed on a full-time basis, can apply for this state benefit. If the father takes at least two months of parental leave, provision of the parental allowance can be extended by two months. ‘ElterngeldPlus’ is a new variant of the parental allowance which enables the benefit to be drawn for a longer period. Half of the wage compensation is paid out for double the amount of time. Parents are free to choose between the variants or a combination of them. Applications can be submitted to the responsible ‘Elterngeldstelle’ after the birth of the child.
According to section 2 paragraph 1 item 3 WissZeitVG the generally permissible fixed-term contracts of six years (without Ph.D.) and twelve years (with Ph.D.) for academic staff or artists for the care of one or several children under 18 years of age can be extended by up to two years per child.
If you have questions concerning this issue, please contact the Personnel Deparment.
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