Uni-Tübingen

Working with a Child

Maternity protection

‘Maternity protection’ covers a number of regulations to protect women during and after pregnancy. They apply to students as well as working women.

As long as you are healthy, you may continue your studies and/or take exams up until the birth of your child. If your pregnancy prevents you from meeting the requirements of your study program, you may apply to take a free semester for the duration of your pregnancy.

If your studies involve working in a laboratory, you must find out as early as possible if there are any materials there which can be harmful during pregnancy. Ask the laboratory supervisor (see note).

If you work as well as study, be aware that maternity protection laws apply to you regardless of the nature and scope of the work, what kind of job contract you have, your nationality, and your marital status. If you are a part-time or temporary employee, you still have the right to maternity protection. The maternity leave period – which protects mothers and babies from hazards and health risks in the workplace – begins 6 week before the expected date of birth and ends 8 weeks afterward; in the case of multiple births, up to 12 weeks afterward. For the 8 (or 12) weeks following the birth, new mothers are not permitted to work. Expectant mothers may choose to work in the 6 weeks prior to birth. In addition there are special regulations regarding piece-work, night shifts, overtime, and Sunday work.

In the case of premature birth or other instance in which the baby comes before the expected date, the maternity leave period is extended after the birth by the number of days not taken prior to birth.

The right to paid vacation is not affected by maternity leave. Any move to reduce paid holiday leave because of a work ban due to maternity protection is not permissible (see Gesetz zum Schutz der erwerbstätigen Mutter, Mutterschutzgesetz – MuSchG).

With few exceptions, an employee may not be fired by her employer in the period from the start of her pregnancy until 4 months after birth.

If your employer refuses you maternity protection, you can take the matter to the staff council.

Further information at http://www.my-stuwe.de/beratung-soziales/rechtsberatung/ and at Bestimmungen des Mutterschutzgesetzes (German-language page).

Note:

What to do if you are pregnant/ nursing and work in a laboratory:

Please tell the laboratory supervisors that you are pregnant. Then they can takes steps to ensure your safety.

Following notice of a pregnancy, laboratory supervisors are obliged to check the workplace and complete a risk assessment, if this has not already been done.

The risk assessment must clarify whether the pregnant woman is exposed to carcinogenic substance or substances which can damage DNA or fertility, e.g. via skin contact or by breathing. If this is the case, the pregnant woman may not continue her work in the laboratory.

This applies accordingly to nursing women.

 

Parental Leave

The law allows for parental leave in total of three years; parents may take (unpaid) leave of absence from work to care for their children. Receipt of parental benefit is not affected by parental leave. Parents may take up to 24 months of parental leave between the child’s third and eighth birthdays. The employer’s consent is no longer required.

Parental leave may be divided up for each parent in three time periods, however the third parental leave period may be refused by an employer with good operational reasons, if it falls between the child’s third and eighth birthdays. If parents wish to work part-time during their parental leave, then the application is automatically approved if the employer does not reject it within a set time.

If the child to be cared for is aged under three years, the employer must be notified of parental leave seven weeks prior to its beginning; thereafter the notification period is 13 weeks.

Whether the relevant law (Elternzeitgesetz) also applies to marginal part-time jobs (minijobs) must be determined case by case.

BMFSFJ brochure:

For births until 31.08.2021 Elterngeld, ElterngeldPlus und Elternzeit - Das Bundeselterngeld - und Elternzeitgesetz und Parental allowance

For births after 01.09.2021 Elterngeld, ElterngeldPlus und Elternzeit - Das Bundeselterngeld - und Elternzeitgesetz

Further information can be found on the BMFSFJ family portal.

The application for parental leave can be found on the website of Department IV Human Resources, Section 2, in the Download ABC.

This seems to contradict the closing sentence of the previous paragraph – can the employer refuse leave or not?

Parental leave and vacation entitlement

The vacation to which staff are entitled for the leave year is reduced by one-twelfth for each full calendar month of parental leave. In other words, if you take parental leave between January 15 and February 15, there is no reduction. But if you take parental leave between January 15 and March 15, your annual leave will reduce by one-twelfth (i.e. to allow for the full calendar month of February). If reduction by parental leave results in a fraction in the annual leave, this is rounded up in favor of the staff member.

Parental Allowance - the Basics

The birth of a child entitles parents to parental allowance, which is paid in addition to child benefit for the first 14 months of the three-year period in which parental leave can be taken.

Parental allowance is a benefit that varies in relation to previous income.

In general, 67% of previous net income is paid monthly as parental benefit. Parents who were not previously employed receive a minimum amount of €300. Scholarships are not regarded as income; in this case a minimum parental allowance of 300€ can be paid. Applicants with a monthly income below €1,000 can benefit from the low-earners’ component, which can boost the percentage to up to 100% of income.

There is no income threshold for parental allowance: All parents can receive parental allowance. The maximum parental allowance is 1,800€. In the case of multiple births there is an additional 300€ top-up parental allowance per newborn. So a family with twins can receive a maximum 2,100€ parental allowance a month.

Parents who already have one child aged under 3 or two children aged under 6 receive a sibling bonus of 10% of the parental allowance, with a minimum of 75€.

Parental allowance only applies pro rata to the lost income from employment. It is calculated taking account of income from part-time work during parental leave.

One parent is entitled to twelve monthly payments of parental allowance. This entitlement extends by another two months if the other parent also takes parental leave or the first parent’s employment is reduced in accordance with the conditions of the parental allowance act (Elterngeldgesetz). Single parents also receive parental allowance for 14 months. Parents may request that the monthly parental allowance payments are halved thereby doubling the number of months payment is made.

This also results in the 14 months of payments being used up. If the mother receives maternity benefits in the first two months of the child’s life, this uses up two months of parental allowance.

Attention; changes for births from April 1, 2024

Parallel receipt: The option for parents to receive basic parental allowance in parallel will be revised from April 1, 2024. In future, it will only be possible to receive basic parental allowance for a maximum of one month up to the child's 12th month of life. There are exceptions to the parallel receipt of Parental Allowance Plus, the partnership bonus and for multiple births and premature babies.

New income limit of 200,000€. Couples and separated parents with a joint taxable income of more than 300,000€ currently do not receive parental allowance. This limit will initially be lowered to 200,000€ taxable income on April 1, 2024 and to 175,000€ taxable income on April 1, 2025

Further information on changes to parental allowance from 01.04.2024

Financial support for families and digitalisation of family benefits

Parental allowance must be applied for in writing soon after the birth of the child, as an application can only be backdated for the three months of life before the start of the month in which the application is made. So we recommend submitting your application to the parental allowance office (Elterngeldstelle) within the first three months of life of the child. 

Non-taxable benefits such as scholarships do not affect receipt of parental allowance.

You can find more information about parental allowance, e.g. minimum parental leave and entitlement to parental allowance, the sibling bonus, the multiple-birth supplement or how parental allowance is credited when you receive other state benefits, in the following BMFSFJ brochures: 
The ElterngeldPlus with parentship bonus and more flexible parental leave
Parental Allowance, Parental Allowance Plus and Parental Leave. The Federal Parental Allowance and Parental Leave Act

and on the following websites: 
https://familienportal.de/familienportal/familienleistungen/elterngeld 
Elterngeldberatung der L-Bank (German-language page)
Kalkulator Elterngeld (German-language page)

General information for families resident or employed outside Germany:

Informationen der L-Bank zum Elterngeld für Familien mit Wohnsitz oder Erwerbstätigkeit außerhalb Deutschlands. (German-language page)

Information in English:

The ElterngeldPlus with partnership bonus and more flexible parental leave  
Parental benefit and parental leave

ElterngeldPlus and Partnerschaftsbonus

Parents who work part-time are able to receive ElterngeldPlus for twice as long. Onle parental allowance month is equal to two ElterngeldPlus months, regardless of the number of hours worked part-time(up to 30hours a week, from Sept 1, 2021; up to 31 hours a week). Therefore, it can benefit parents to return to work early on.

In addition to this there is a Partnerschaftsbonus: if the parents share care of their child and they each work between 24 and 32 hours a week for at least four months, they will in each case receive ElterngeldPlus for four months. SIngle parents can make of the new ElterngeldPlus to the same extent.

Parents of multiple births are entitled to parental allowance for each newborn and reveibe the multiple-birth supplement of 300€ for each additional child.

Informationsbroschüre des BFSFJ zur Einführung des ElterngeldPlus mit Partnerschaftsbonus und einer flexibleren Elternzeit zum 1. Juli 2015 (German-language brochure)

More information from

ElterngeldDigital - rundum das Thema Elterngeld (German-language page)

ElterngeldPlus and Partnerschaftsbonus

Parents who work part-time are able to receive ElterngeldPlus for twice as long. Onle parental allowance month is equal to two ElterngeldPlus months, regardless of the number of hours worked part-time(up to 30hours a week, from Sept 1, 2021; up to 31 hours a week). Therefore, it can benefit parents to return to work early on.

In addition to this there is a Partnerschaftsbonus: if the parents share care of their child and they each work between 24 and 32 hours a week for at least four months, they will in each case receive ElterngeldPlus for four months. Single parents can make of the new ElterngeldPlus to the same extent.

Parents of multiple births are entitled to parental allowance for each newborn and reveibe the multiple-birth supplement of 300€ for each additional child.

Federal Parental Allowance and Parental Leave Act Brochure by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

 

 

Child Benefit

With the birth of a child, a right to child benefit arises, which is granted regardless of the parents' income level. From the child's 18th birthday onwards, child benefit is only paid under certain conditions, and at most until the child reaches the age of 25.

Foreign nationals residing in Germany can only receive child benefit if they hold a valid settlement permit. In some cases, a residence permit is also sufficient.

Child benefit is paid monthly at the following rate:

250€ per child (starting from 2024)

Applying to Receive Child Benefit

The payment is made to the person who has custody of the child. If both parents live with the child in the same household, they must decide which of them will receive the child benefit.

Child benefit is considered the child’s own income; however, it is not taken into account when calculating parental allowance (Elterngeld). It must be applied for in writing and is disbursed by the Family Benefits Office (Familienkasse) of the Federal Employment Agency (Agentur für Arbeit). The child benefit application form can be found on the Agentur für Arbeit website.

Processing the application typically takes around 1 to 1.5 months. To minimize waiting times and receive payments as quickly as possible, it is advisable to apply for child benefit in good time. The application can be submitted even before the child is born, but it only becomes effective once the birth certificate is provided after the birth.

Child benefit is granted from the month of birth, even if the application is submitted later. However, retroactive claims for child benefit can only be made for up to six months. Child benefit is paid for each month in which the eligibility criteria were met for at least one day.

For more information, please refer to the Child Benefit Guide (website in German).

More Information on Child Benefits

Child Benefit Guide (website in German)

When your Child is Ill

Work Arrangements When Children Are Sick

The law provides parents with the opportunity to take time off work to care for their sick children (up to the age of 12) upon presenting a valid medical certificate. Each parent is entitled to up to 15 days of leave per child per calendar year (as of January 1, 2024). However, there is a maximum limit of 35 days per parent per year, even if they have three or more children.

For single parents, the entitlement increases to 30 days per child per calendar year, with a maximum limit of 50 days per year if they have multiple children.

(This regulation also applies to civil servants. According to §29 (2) Arbeitszeit- und Urlaubsverordnung (Working Hours and Leave Ordinance), special leave with continued payment of salary can be granted.)

During these leave days, you can apply for child sickness benefits (Kinderkrankengeld) from your health insurance provider (§ 45 SGB V). However, this benefit typically does not fully compensate for lost wages. More information can be obtained directly from your health insurance provider.

According to § 29 Abs. 1 Satz e.aa TVL, if a severe illness of a dependent requires care, and they live in the same household, employees may take one paid day off per calendar year, provided no other person is available to provide immediate care and a doctor confirms the necessity of the employee's presence for initial care. This rule also applies to children over 12 years old. Additionally, according to § 29 (1) sentence e.bb TVL, if a child under 12 years old has already exhausted the entitlement under § 45 SGB V in the same calendar year, parents may take up to four paid leave days per year.

In such cases, please contact the Human Resources Department.

Important Note for Employees with Private Health Insurance

For employees who are voluntarily privately insured, or if their child is privately insured, no child sickness benefits are provided by the health insurance provider. In such cases, up to four paid leave days (or a maximum of five days for multiple children) may be requested from the Human Resources Department. Please contact them to obtain the necessary application form.

Family Friendly Meeting Times

As a family-friendly employer, the university established central meeting times that align with childcare availability as part of the "family-friendly university" audit in 2016. The meeting end time is also specified in the invitation text.

This measure is intended to enable employees with family responsibilities to participate in central governing bodies such as the Senate, University Council, and Structural Commission and to stand as candidates for these committees.

"Staying Connected" – Retention Management and Reentry After a Family-Related Leave

The University of Tübingen supports you in maintaining a balance between career and family.

One key initiative is retention management during family-related leaves, such as parental leave or other caregiving leave. To facilitate this, the university has developed a "Family-Related Leave Guide", the Leitfaden zur familienbedingten Auszeit”,  for HR personnel. This guide provides assistance in effectively preparing for leave, ensuring active connection to the university during the leave, and optimally supporting the reentry process. A printed version of the guide is available at the Team Equity-Care office.

The guide can also help employees structure and plan their leave period and return to work in advance.

 

Information for Expectant Mothers

Prenatal Check-Ups

During pregnancy, regular medical check-ups are necessary. Employers are obligated to allow employees to attend these appointments without loss of pay, but only if the examinations cannot be scheduled outside of working hours. Midwives can also conduct prenatal check-ups.

Annual Leave

Absences due to maternity protection-related employment bans are considered working time, meaning that annual leave continues to accrue during this period. Any unused leave from before the maternity protection period remains valid and can be used in the following year.

Breastfeeding Breaks

According to § 7 of the Maternity Protection Act (MuSchG), breastfeeding mothers are entitled to paid breaks for nursing, for at least two 30-minute breaks per day or for one 60-minute break per day. If there is no nearby nursing facility, a single break of at least 90 minutes must be granted.

These breaks must not result in a loss of pay, cannot be made up before or after work, and do not count as regular rest breaks under labor law.

Family-Related Part-Time Work

Public Servants

In the public sector, employees have the right to request family-friendly working hours under §11 TV-L and §29 des Gesetzes zur Verwirklichung der Chancengleichheit von Frauen und Männern im öffentlichen Dienst des Landes BW (ChancenG), enacted in October 2005.

Upon request, public service institutions may grant flexible daily and weekly working hours beyond standard flexible work schedules, provided that the employee can demonstrate the need for such an arrangement in order to care for at least one child under the age of 18 or a dependent relative requiring care, as confirmed by a medical certificate. This approval is contingent on the condition that operational requirements are not compromised.

If an institution intends to deny an employee's request, it must consult the staff council or the Equal Opportunity Representative before making a final decision. Additionally, any rejection of the request must be formally justified in writing by the institution.

Employees

Employees can also switch to 'normal' part-time work under certain conditions. An entitlement to part-time work may exist under the Part-Time and Fixed-Term Employment Act ( Teilzeit- und Befristungsgesetz), which came into effect on January 1, 2001.

According to  § 8 TzBfG, employees whose employment contract has lasted for longer than 6 months are entitled to reduce their regular weekly working hours. According to § 29 TVL, employees can apply for special leave if there is an important reason, without continued payment of remuneration.

Civil Servants

According to  the State Civil Service Act of Baden-Württemberg (§ 69 Landesbeamtengesetz Baden-Württemberg LBG), civil servants who are actually responsible for the care of either a child under the age of 18 or a dependent relative requiring care, as confirmed by a medical assessment, are entitled to request part-time employment.

This request must be granted with a minimum of half of the regular working hours, provided that there are no overriding official reasons which prevent such an arrangement.

Sabbatical (One Year)

Sabbatical for Employees

A sabattical may be arranged for employees under special circumstances, and after individual agreements have been made. Please contact the HR department for more information. 

In the archive, you may find  Rundschreiben 3/2018 (in German; needs university log in to view)

Sabbatical for Civil Servants

Sabbaticall according to § 69 Abs. 5 LBGV for Civil Servants

The Freistellungsjahr (colloquially ‘sabbatical’) is a special, time-sensitive form of part-time employment available to civil servants. It allows them to be fully released from work at the end of the approved period while continuing to receive a proportionate salary.

This arrangement can only be used once during an entire career. A second sabbatical year is only possible if it directly precedes retirement.

For further details, please refer to Rundschreiben 3/2018  in the archive (accessible only with a university account login).

Alternating Telework

Telework

Since 2011, employees at the University of Tübingen have had the option to make their work arrangements more flexible through telework. Decisions regarding telework applications are made by the HR, while the Staff Council (Personalrat) is informed of all submitted applications.

All details regarding telework can be found in the Dienstvereinbarung Telearbeit (German). The Application Form for telework is available in the ABC section of the Personnel Department’s website (university login is required).

Occasional Work from Home

Unexpected situations often arise—such as school closure for a teacher training day, sudden shutdowns of childcare facilities, the unavailability of a caregiver for a dependent family member, or family emergencies. Additionally, construction work or other disruptions at the university may make working difficult on-site.

To address these situations, the Appendix to the Telework Service Agreement (German: Antrag für die fallweise Arbeit von zu Hause found in the ABC section of the Personnel Department’s website under "T" for Telework, university login is required) provides guidelines for occasional work from home. This option is not intended as a permanent arrangement but rather as a temporary solution in emergencies or under actue, unexpectated circumstances.

Employees can work remotely for up to four weeks without extensive prior approval. This modern and flexible work model enables greater spatial and temporal flexibility.

The application form and additional information on occasional work from home can be found in the ABC section of the Personnel Department’s website under "T" for Telework (login required).

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