Parental leave

Employees have a legal entitlement to parental leave in accordance with the Federal Parental Allowance and Parental Leave Act (BEEG) for

• persons born before 01.07.2015 in the version of 05.12.2006 (BGBl. I, p. 2748), last amended by Art. 1 of the Act of 15.02.2013 (BGBl. I, p. 254).
• from 01.07.2015 born in the version of 18.12.2014 (BGBl. I, p. 2325), last amended by Art. 1 of the Act of 15.02.2021 (BGBl. I p. 239).
• Those born on or after 01.09.2021 in the version dated 15.02.2021 (BGBl. I, p.239), last amended by Art. 12 of the Act dated 23.05.2022 (BGBl. I, p. 760).

Parental leave may also be claimed for a period for which special leave has already been granted if the requirements are met. In such cases, the special leave shall be interrupted for the duration of the parental leave. At the request of the employee, the end of the special leave may be postponed by the duration of the parental leave.

As a general rule, the employer may not terminate the employment relationship either ordinarily or extraordinarily from the point in time from which parental leave has been requested, but no more than eight weeks before the start of the parental leave and during the parental leave (Art.  18 BEEG). The supreme state authority responsible for occupational health and safety or the body designated by it - in Lower Saxony, these are the State Trade Supervisory Office in Celle or the LBEG - may declare termination permissible in special cases. The special protection against dismissal applies accordingly to permissible part-time work performed during parental leave and to part-time work performed without taking parental leave (cf. Art. 18 para.2) BEEG).

Permitted part-time work may also be performed with another employer with the employer's consent. The employer may only refuse consent if it justifies this with conflicting, urgent operational interests and only within four weeks in writing (Art. 15 para.4) BEEG). Employment with another state department is not employment with another employer.

Parental leave affects the employment relationship under collective bargaining, social insurance and supplementary pension law as follows:

In addition to the standard case of parental leave with time off from work, the BEEG also permits part-time employment during parental leave as an alternative (maximum 30 hours per week for those born by August 31, 2021, 32 hours per week for those born after that date). Such part-time employment is generally covered by the scope of application of the TV-L. For the effects, please refer to the explanations on part-time work, as well as on the possibility of exercising part-time employment with another employer during parental leave.

1.Employment period: Parental leave counts as a period of employment (Art. 34 para.3 TV-L).

2. Step runtime:In the case of parental leave, it should be noted that advancement to the next higher step generally requires uninterrupted service within the same pay group with the same employer (Art. 16 para. 3 TV-L). Parental leave is harmless, but is not counted towards the step duration. This means that the step duration achieved before the interruption is seamlessly continued.

3. Charge: Pursuant to Art. 24 para. 1 sentence 4 of the TV-L, remuneration components that are not defined in monthly amounts (non-permanent remuneration components) and the daily average pursuant to Art. 21 of the TV-L shall also be paid on the payday of the second calendar month following their accrual if the employees are on parental leave in this month.

4. Child benefit: The entitlement to child benefit is not affected. Payment will continue to be made by the family benefits office responsible up to now.

5. Continued payment of remuneration in the event of illness: In the event of illness during fully exempt parental leave, there is no entitlement to continued payment of remuneration. This also applies if an illness occurs after the application for parental leave and is still ongoing at the start of the leave. From the day after the end of parental leave, sick pay will be paid in accordance with Art. 22 TV-L if an illness exists. The calculation of the reference period for sick pay is based on the start of the incapacity for work.

6. Recreational leave: The accrued recreational leave (Art. 26 TV-L) shall be reduced by one-twelfth for each full calendar month of parental leave taken. If the remaining leave after the reduction was not granted before the start of parental leave, it will be granted after parental leave in the then current leave year or in the next leave year. If employees have received more recreational leave before the start of parental leave than they would have been entitled to taking into account the reduction provision of Art. 17 para. 1 BEEG, the recreational leave to which they are entitled after the end of parental leave shall be reduced by the excess leave days granted (Art.17 para.4 BEEG).

7. Vacation Compensation: If the employment relationship ends during parental leave or if the employment relationship is not continued following parental leave, any leave not yet granted shall be compensated.

8. Anniversary Allowance: Periods of parental leave shall be counted towards the anniversary period, as the period of employment shall also continue in accordance with Art. 34 para.3 TV-L.

9. Aids: There is no eligibility for parental leave.

10. Death benefit: Es besteht kein Anspruch auf Sterbegeld, weil das Arbeitsverhältnis während der vollfreigestellten Elternzeit ruht.

11. Annual bonus: Parental leave does not affect the eligibility requirements for the annual special payment, as the key date provision in Art. 20 para.1 of the TV-L only refers to the legal existence of the employment relationship on December 1; however, parental leave after the end of the calendar year in which the child is born has a reducing effect.

12. Capital-forming benefits: Capital-forming benefits are only granted for calendar months in which remuneration is due Art. 23 para.1 sentence 4 TV-L). During parental leave, therefore, there is generally no entitlement to capital-forming benefits.

13. Social Security: Information on the effects of parental leave in all branches of social insurance should be obtained from the relevant social insurance agency. The following information cannot replace the information. It is also necessary because social security law is subject to constant change.

Employees who are voluntarily insured in the statutory health insurance scheme and who would be subject to compulsory health insurance during parental leave due to the pursuit of part-time employment not covered by parental allowance may apply for exemption from compulsory insurance for this period (Section 8 (1) no. 2 SGB V) and retain their previous health insurance coverage.

During the period for which parental leave is claimed, the membership of persons subject to compulsory insurance in the statutory health insurance scheme shall be maintained free of contributions (Art. 192 para.1 no. 2 SGB V). The obligation to pay contributions on the basis of part-time employment without parental benefit shall remain unaffected.

In the statutory pension insurance, periods of child rearing are credited to the mother or father as insurance periods giving rise to and increasing the pension, namely the first 36 months after the end of the month of the child's birth (Art. 56 para.1 sentence 1, Art. 249 para.1 SGB VI).

14. Additional retirement and survivor benefits: Because of the effects of parental leave on later entitlements in the company pension scheme, it is recommended that information be obtained from the Versorgungsanstalt des Bundes und der Länder (VBL), Hans-Thoma-Strasse 19, 76133 Karlsruhe, Germany, or on the Internet at www.vbl.de.

1. Fill out application: Complete an APPLICATION FOR PARENT TIME.
2. Submit Application: Please submit your request to your colleague in the Human Resources Department as early as possible.

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The above information cannot replace any information that may be required in individual cases. Please contact the following colleagues in the Human Resources department if you need clarification or have any questions: