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Brandenburg 99041018087000, 99041018087000 Typ 6

Inhalt

Leistungsschlüssel

99041018087000, 99041018087000

Leistungsbezeichnung

Register parental leave

Leistungsbezeichnung II

Register parental leave

Leistungstypisierung

Typ 6

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung

Leistungsgruppierung

Familienförderung (041)

Verrichtungskennung

Inanspruchnahme (087)

SDG Informationsbereiche

nicht vorhanden

Lagen Portalverbund

  • Nach der Geburt (1010200)
  • Vor der Geburt (1010100)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

04.06.2024

Fachlich freigegeben durch

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

Handlungsgrundlage

Teaser

You can plan your 3 years of parental leave flexibly, but you must meet certain requirements. You must give notice of your parental leave to your employer.

You can register parental leave with your employer in writing.

Volltext

As a parent, you are entitled to unpaid leave from work to care for and raise your child. This parental leave lasts up to 3 years.

It is generally popular to take parental leave until the child's 3rd birthday. However, you can also take part of your parental leave between the child's 3rd and 8th birthday. After the child's 3rd birthday, however, you may take a maximum of 24 months of parental leave.

Registering parental leave

Both parents can take parental leave, regardless of whether the other parent takes parental leave. Each parent is entitled to 3 years of parental leave. The decisive factor is that you have registered your parental leave informally and in good time with your employer. The employer is obliged to confirm the parental leave.

Planning parental leave

You can take parental leave as long as you meet certain requirements.

Those entitled to parental leave are free to choose the start date of their parental leave.The maternity protection periods after the birth count as used parental leave, even if the parental leave is not taken directly after the maternity protection period.

Parental leave begins on the date specified by the person entitled to parental leave. Parental leave begins on the date notified by the parent

  • It is not necessary for the mother to take parental leave during the maternity protection period. This should only begin after the maternity protection period.
  • The maternity protection period is regarded as used parental leave.
  • For the other parent, parental leave begins from the birth of the child at the earliest.

You can divide your parental leave into 3 periods or take it all at once. The decisive factor for the division is whether the parental leave or parts of the parental leave

  • before the 3rd birthday or
  • between the 3rd birthday and the 8th birthday

of your child.

If the third period falls entirely after the third birthday, the employer may refuse this parental leave for urgent operational reasons.

If you register for parental leave within the first 3 years of your child's life, a commitment period of 2 years applies. During this period, you must make a binding declaration to your employer as to how you would like to take parental leave during these 2 years from the start of parental leave. If you only announce part of your parental leave during this commitment period, you can only register further parental leave for the commitment period retrospectively with your employer's consent.

You must notify your employer of parental leave up to your 3rd birthday at least 7 weeks before the desired start date.

After the end of the commitment period, you can again freely dispose of your remaining parental leave.

You must register parental leave during this period with your employer at least 13 weeks before the desired start date.

Extending parental leave

You can extend your parental leave at any time if you have not yet used up the full 3 years. The employer must agree to the extension if you are still in the commitment period. Outside of the commitment period, parental leave can also be declared without the employer's consent, subject to the registration deadline.

If you wish to extend your parental leave, this does not count as a new period unless you have

  • worked again in the original employment relationship,
  • taken maternity protection periods or
  • taken parental leave for another child

Ending parental leave early

You can terminate your parental leave prematurely at any time with the consent of your employer. Parental leave can only be terminated early without the employer's consent in special cases:

  • due to a particular case of hardship:
    • Serious illness,
    • severe disability or death of a parent or child,
    • serious threat to the parents' financial existence,
    • to take a new maternity protection period.

If the child dies during parental leave, the parental leave ends no later than 3 weeks after the date of death.

Erforderliche Unterlagen

  • Written registration with your employer
  • Birth certificate of the child, if applicable
  • Acknowledgment of paternity, if applicable
  • Consent of the custodial parent, if applicable

Voraussetzungen

The prerequisite for parental leave is that you

  • work full-time, part-time, on a fixed-term or permanent contract (mini-job) or from home. You can work in Germany or abroad, but your employment relationship must be governed by German employment law.Exceptions may apply for employees who have their place of work in Germany under foreign law.
  • live in the same household as your child.This does not require a jointly registered place of residence.
  • look after and bring up the child yourself.
  • do not work at all or work a maximum of 32 hours per week during parental leave.

Kosten

There are no costs.

Verfahrensablauf

Supplement to the state of Brandenburg:

You must register your parental leave with your employer in writing, but informally, at least 7 weeks before it begins (for children older than 3 years: 13 weeks):

  • When you register, you immediately determine how you will structure your parental leave for the next 2 years from the start of parental leave (flexibility for you, necessary planning security for the employer).
  • If you, as a mother, take your parental leave immediately after the maternity leave period or immediately after a leave following the maternity protection period: Determination of the structure of parental leave only until the child reaches the age of 2.
  • Your employer certifies that you have taken parental leave.
  • Your employment relationship is suspended during parental leave.
  • At the end of your parental leave, your employment will be continued.

Bearbeitungsdauer

nicht vorhanden

Frist

Supplement to the state of Brandenburg:

Notice period

  • You must notify your employer in writing of your parental leave at least 7 weeks (13 weeks for children older than 3 years) before it begins.

Duration

  • Both parents can take up to 3 years of parental leave at the same time or alternately.
    • You can divide your parental leave into 3 periods.
    • With the employer's consent, you can also spread the time over other periods.

Protection against dismissal

  • Your employer may not terminate you from the time you have registered parental leave, but no earlier than 8 weeks (for children older than 3 years: 14 weeks) before the start of parental leave and during parental leave.
  • Only in special cases can a termination be declared permissible in exceptional cases.
  • Your employee can only terminate the employment relationship at the end of parental leave with a notice period of 3 months.

Premature end

  • If you become pregnant again during parental leave, you can terminate the registered parental leave prematurely in order to take advantage of the statutory maternity protection periods and the associated rights.
  • You must inform your employer about this.
  • Parental leave ends at the earliest when your notification has been received by your employer.

Weiterführende Informationen

Hinweise

There are no indications or special features.

Supplement to the state of Brandenburg:

  • Your employer must certify that you have taken parental leave.
  • During parental leave, you will not receive a salary from your employer. However, you can apply for parental allowance.
  • Your vacation can be reduced by one twelfth for each full calendar month of parental leave, unless you work part-time with your employer during parental leave.
  • During parental leave, part-time employment of up to 30 hours per week is permitted.

Attention:

If you are unable to return to work immediately after the end of parental leave (e.g. due to a lack of childcare), this is relevant for social security. Clarify in advance with your health insurance company whether you are covered by social security during this time.

Rechtsbehelf

nicht vorhanden

Kurztext

  • Taking parental leave
  • Register for parental leave
  • Parental leave is an unpaid leave of absence from work for parents after the birth of a child
  • Parental leave can be taken until the child's 8th birthday
  • ParentalParental leave lasts up to 3 years
  • a maximum of 24 months can be taken after the child's 3rd birthday
  • Both parents can take parental leave, regardless of whether the other parent also takes parental leave
  • The maternity protection periods after the birth count as used parental leave
  • Parental leave begins on the date registered by the parent,
    • from the birth of the child at the earliest
  • Parental leave can be divided into 3 periods
  • the decisive factor for the division is whether the parental leave or parts of the parental leave
    • before the child's 3rd birthday or
    • taken between the 3rd birthday and the 8th birthday
  • Parental leave up to the child's 3rd birthday is subject to a commitment period
  • Parental leave between the child's 3rd birthday and the 8th birthday can be planned flexibly
  • Parental leave can be extended during the commitment period with the employer's consent
  • Notification of parental leave: in writing, but informally to the employer
  • Deadline for registration:
    • within the first 3 years of the child's life, no later than 7 weeks before the start of parental leave
    • from the 3rd birthday to the day of the child's 8th birthday at the latest 13 weeks before the start of parental leave
  • Employer is obliged to confirm parental leave
  • Responsible: Service team of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

Zuständige Stelle

Your employer

Formulare

Supplement to the state of Brandenburg:

  • no forms necessary
  • Written form required: yes

Ursprungsportal