Parental Leave

2023 Author: Wallace Forman | [email protected]. Last modified: 2023-11-27 18:19

Parental leave or parental leave is the term used to describe the entitlement to release from work in return for loss of remuneration. During this time you will not receive a salary, but childcare allowance. There is a legal entitlement to parental leave, ie the employer may not refuse to take parental leave. There is protection against dismissal or dismissal during parental leave. The entitlement to this applies at the latest until the child reaches the age of two; that is the day before the child's second birthday.

The parental leave regulations apply not only to mothers, but also to fathers. The classic distribution of roles, that only the man works and the woman takes on the child-rearing alone, is very rare. Today fathers want to be actively involved in the growing up of the offspring.

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When does parental leave begin?
Who is entitled to parental leave?
What must be considered when reporting parental leave?
What does deferred parental leave mean?
Can you go to work during parental leave?
What does papamonat mean?
What does parental leave mean?
Whom can I ask?
Where can I find more information?

When does parental leave begin?

The last eight weeks before the birth and the first eight weeks after the birth of a child are referred to as the protection period or maternity leave. In certain cases (after premature births, multiple births or caesarean sections) it can be extended to up to 16 weeks after the birth. During the protection period, the mother is forbidden to work, ie she is not allowed to go to work. During this period, you are entitled to maternity allowance as a replacement for the missing income. More on the subject: maternity allowance

The parental leave begins at the earliest after the protection period. This describes the entitlement to time off work, with no remuneration. As a substitute, you are entitled to childcare allowance.

There is a legal right to parental leave. The employer can therefore not refuse parental leave. However, reporting deadlines must be observed.

Who is entitled to parental leave?

Both the mother and the father of the child are entitled to parental leave provided they live with the child in the same household. The parental leave can also be divided between the two parents, whereby a change is possible a maximum of twice (ie a total of three parts of parental leave are permitted, eg mother-father-mother). When changing, each part of the parental leave must last at least two months.

Note If the child no longer lives in the same household with the parent on parental leave, this must be reported to the employer immediately.

The legal entitlement to parental leave applies until the child reaches the age of two at the latest. Work must therefore be resumed by the child's second birthday at the latest. In addition, parental leave is only possible with the written consent of the employer.

Mother and father may not take parental leave for the same child at the same time! Exception: When switching for the first time, both parents can take one month's leave at the same time. The parental leave ends at the latest when the child reaches the age of 23 months.

The following groups of people are entitled to parental leave:

Employees,
Homeworkers,
Civil servants and contract staff; More on the topic: oeffentlicherdienst.gv.at.

Note Freelance workers are not entitled to parental leave.

More on the topic: Parental leave (Chamber of Labor)

Termination and protection against dismissal

There is protection against dismissal and dismissal during parental leave. If the mother takes parental leave immediately after the protection period, the dismissal and dismissal protection continues.

For fathers who take parental leave immediately after the mother's protection period, protection against dismissal and dismissal begins with the parental leave notification, but not before the child is born. In all other cases, protection against dismissal and dismissal begins with the notification, but no earlier than four months before the start of parental leave.

Note The protection against dismissal and dismissal ends four weeks after the end of parental leave.

More on the topic: Protection against dismissal and dismissal (Chamber of Labor)

Childcare allowance

You do not receive a salary during parental leave, but you are entitled to childcare allowance. This is only due upon request. The health insurance provider from which maternity allowance was received or from which one is insured (entitled to claim) or was last insured (entitled to claim) is responsible for the application and payment. If the parents take turns taking turns, each parent must fill out their own application and submit it to the health insurance provider responsible for them.

What must be considered when reporting parental leave?

The notification of the start and duration of the parental leave must be submitted to the employer in good time - preferably in writing. In addition, the employer must issue a written confirmation of the start and duration of the parental leave.

Danger! The reporting deadlines are different for mothers and fathers and must be observed.

Mother: If the mother takes parental leave first, she must inform her employer on the last day of the protection period at the latest whether or how long she would like to take parental leave.
Father: If the father takes parental leave first, he must inform the employer no later than eight weeks after the birth about the start and duration of the parental leave. If the father takes parental leave at a later point in time and replaces the mother, the notification must be made no later than three months before the mother's parental leave ends. Note: Parental leave should not be reported earlier than four months before it begins, as protection against dismissal begins at this point at the earliest.

Danger! If you do not come to work after the protection period has expired without having registered parental leave, this can be a reason for dismissal - with the consent of the court.

More on the subject: Registration deadlines for parental leave (Chamber of Labor).

If the parental leave is shared between the parents, the employer must be informed of the second and third part of the parental leave at least three months in advance. If the mother or father takes less than three months after the protection period, then the subsequent part of the parental leave must be reported within the employment ban.

If parental leave is to be extended, this must be reported at least three months before the originally agreed end of parental leave. If the current part of parental leave is less than three months, the extension must be reported at least two months before the end of parental leave.

More on the subject: Sample letter on notification of the extension of parental leave (Chamber of Labor).

Note If the respective deadlines for reporting are not adhered to, the employer no longer needs to consider the request for parental leave. Parental leave can then only be agreed with the employer.

What does deferred parental leave mean?

In principle, both parents can also postpone their parental leave for three months. This deferred parental leave must be used by the child's seventh birthday. This makes it possible to have more time available for looking after the child at a later point in time, e.g. when the child starts school.

Note There is no entitlement to financial benefits during the postponed parental leave, and mothers and fathers also have no protection against dismissal or dismissal during this period.

More on the topic: Postponed parental leave (Chamber of Labor).

Can you go to work during parental leave?

During parental leave, marginal employment (marginal earnings limit 2020: 460.66 euros) is generally permitted. Employment above this income limit is only permitted to a very limited extent.

More on the topic: Minor work during parental leave (Chamber of Labor)

What does papamonat mean?

Papamonat is a legal entitlement to leave from work for a period of one month. Until now, the right to a daddy month was reserved for men who were employed in the public service. Since 2019, all employed fathers have a legal right to this. The Papamonat should enable mothers and fathers to look after their child together in the first few weeks. More on the topic: paternity leave and daddy's month

What does parental leave mean?

Mothers or fathers can also work part-time as parents. Parental part-time is a legally regulated right to reduce the previous working hours or to change the current working hours. This entitlement only applies to parents who live with the child in the same household or who have custody of the child. In addition, the right to part-time parental leave depends on the size of the company and the length of service.

More on the topic: Parental part-time work (Chamber of Labor)

Note All rights and entitlements that biological parents have apply to adoptive and foster parents. This includes the right to parental leave under labor law, the right to childcare allowance or the right to parental part-time work. The same goes for same-sex couples.

More on the topic: Parental leave for adoptive or foster parents (Chamber of Labor)

Whom can I ask?

How are maternity protection and waiting periods regulated? What types of childcare allowance are there? Do I have dismissal protection during my parental leave? The Chamber of Labor advises expectant and new parents on questions about work and family.

Detailed information under: Work & Family (Chamber of Labor).

Where can I find more information?

Parental leave and part-time parental leave (oesterreich.gv.at)
Maternity leave (Chamber of Labor)
Information and online calculator on childcare allowance (Chamber of Labor)
Information on childcare allowance (Federal Chancellery)
Online calculator for childcare allowance (Federal Chancellery)
Statutory regulations on parental leave for employed mothers: Mutterschutzgesetz (MSchG)
Legal regulations on parental leave for employed fathers:

Fathers Parental Leave Act (VGK)