Paternity Leave - Papamonat - Family Time Bonus

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

Paternity leave & dad month

Fathers who take parental leave after the birth of their child are no longer uncommon these days. For many fathers today it is a matter of course to take on part of the upbringing and to provide active support in the household and family organization.

The framework conditions in professional life have also changed: the legal right to parental leave applies not only to mothers, but also to fathers. In addition, fathers are entitled to a month off when their child is born; this is known as daddy's month. Papamonat should enable parents to look after their child together for the first four weeks after the birth.

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When does parental leave begin?
Who is entitled to parental leave?
What are the reporting deadlines for paternity leave?
What does papamonat mean?
What does family time bonus mean?
Where can I find more information?

When does parental leave begin?

In the first eight weeks after the birth of the child, the mother is not allowed to work; she is not allowed to go to work during this time. One also speaks of a term of protection 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.

The parental leave begins generally after the expiry of the term of protection, from that point, either the mother or father parental leave opportunities can take. 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. More on the topic: Parental leave

Who is entitled to parental leave?

In addition to the mother, the father also has a legal right to parental leave, provided that he lives 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.

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.

Termination and protection against dismissal

There is protection against dismissal and dismissal during parental leave. For fathers who take parental leave immediately after the mother's protection period, protection against dismissal and dismissal begins with the parental leave notification.

Note The father's protection against dismissal and dismissal does not begin before the child is born.

Protection against dismissal and dismissal generally begins four months before the start of parental leave. It 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 are the reporting deadlines for paternity 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.

If the father takes parental leave immediately after the protection period, he / she must inform the employer about the start and duration of the parental leave no later than eight weeks after the birth.

If the father only 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. Exception: If the mother takes less than three months after the protection period, then the next part of the parental leave must be reported within the employment ban.

Note The parental leave should not be reported earlier than four months before it begins, as the protection against dismissal begins at this point at the earliest.

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

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

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.

More on the topic: 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 a one-month release from work in return for the wages due to the birth of their child. The Papamonat should enable mothers and fathers to look after their child together in the first few weeks.

The prerequisite is that the father lives in the same household with the child, that the respective reporting deadlines are met and that the father's month is received within the mother's protection period.

The father must inform the employer at least three months before the calculated due date that he / she wants to take advantage of the father's month and when the leave of absence is expected to begin (advance notice). He is also obliged to notify the employer immediately of the child's birth. At the latest one week after the birth, the father must inform the employer of the actual starting time.

Note From the time of the advance notice (but no earlier than four months before the calculated date of birth), during the dad month and in the following four weeks, there is protection from dismissal or dismissal.

More on the topic: Papamonat (Chamber of Labor)

The requirements for the family time bonus must also be observed.

What does family time bonus mean?

The employer does not have to pay out any wages during the dad month. A so-called family time bonus is provided for working fathers who devote themselves intensively and exclusively to the family after the birth of the child and who interrupt their gainful employment (for births from March 1, 2017).

The family time bonus is EUR 22.6 per day, a total of around EUR 700. If the father receives childcare allowance later, the family time bonus is offset against it. This means that in this case the amount of childcare allowance is reduced (but not the duration of the benefit). The application must be submitted to the responsible health insurance company.

Note The regulations of the dad month and the family time bonus also apply to same-sex couples. Women whose partner has a child through medically assisted procreation can make a claim. The family time bonus is also available to adoptive or long-term fathers.

More on the topic: Family time bonus (Federal Chancellery)