parental leave
What is parental leave?
When can parental part-time work be taken?
What deadlines must be paid attention to?
Section 15 (4) BEEG allows employment during parental leave if the agreed weekly working time for each parent who takes parental leave does not exceed 30 hours. Part-time work for another employer or self-employment require the consent of the employer (§ 15 Para. 4 Clause 3 BEEG).
In accordance with § 15 Para. 5 to 7 BEEG, the employee can demand a reduction in working hours from his employer under the following conditions:
-The employer usually employs more than 15 workers without
consideration of trainees.
-The employment relationship lasts longer than six months.
-The working hours should be between 15 and 15 hours for at least two months
30 hours per week can be reduced.
-There are no urgent business reasons to oppose the claim.
-The claim was sent to the employer in writing seven weeks in advance
communicated.
However, if parental leave begins after the child's 3rd birthday, the 13-week period of Section 14 (1) sentence 1 no. 5 a BEEG applies.
The application must contain the beginning and the extent of the reduced working hours.
The employer can refuse to reduce working hours for urgent operational reasons:
However, only those reasons are relevant that represent compelling obstacles to the requested reduction in working hours. If the employer wants to refuse the claimed reduction in working hours, he must explain this in writing within four weeks in accordance with Section 15 (7) sentence 4 BEEG.
If the employer does not reject the application for a reduction in working hours in writing within four weeks (within eight weeks for children over the age of three) after receipt of the application, its approval of the requested reduction in working hours according to the wishes of the employee is deemed to have been granted.
a notice: If the employee applies for a reduction in working hours, stating a specific distribution of working hours (e.g. from 8:00 a.m. to 1:00 p.m.) and if he makes it clear with his declaration that he requests a reduction in working hours exclusively under the condition of the working time distribution desired by him, then this applies this as a unified statement. If the employer agrees to the reduction in working hours, but rejects the desired working time arrangement, this is to be regarded as a refusal of the employee's entire coherent declaration.
On the subject of leave during parental leave, see ...
Protection against dismissal during parental part-time work:
According to § 18 Para. 2 BEEG, there is also protection against dismissal for employees who work part-time for the same employer during parental leave or
-without taking parental leave, work part-time and are entitled to parental allowance according to § 1 BEEG during the period according to § 4 para. 1 sentences 2 and 3 and 5 BEEG.
If you have any questions about parental part-time work, please contact our law firm and arrange one meeting
or call us on the phone number02366-94066 02.
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