Career first, then children? Or both at the same time? It certainly requires enormous organisational talent to balance work and family responsibilities. Therefore, we are happy to assist you as the central contact point at your university with advice and support. Please note that only the Human Resources Department can provide legally binding information on your individual contractual and labor law questions. However, we are happy to advise you. You can also find helpful information in our brochure “Studying & Working as a Parent at JGU”.
Pregnant and breastfeeding people have certain rights, but also obligations in this special situation. The legal bases for these are, for example, the Act on the Protection of Mothers at Work, in Training and at University (Mutterschutzgesetz – MuSchG), the Mutterschutzverordnung (Maternity Protection Ordinanc) for civil servants, the Mutterschutzrichtlinienverordnung (Maternity Protection Directive Ordinance), the Gefahrstoffverordnung (Hazardous Substances Ordinance), the Strahlen- und Röntgenverordnung (Radiation Protection and X-ray Ordinance) as well as the Unfallverhütungsvorschriften (Accident Prevention Regulations). The Act on the Protection of Mothers at Work, in Training and at University (Mutterschutzgesetz – MuSchG) applies to pregnant and breastfeeding people during their profession and studies. In the following sections, we mainly refer to regulations relevant to JGU employees.
Notification of Pregnancy
You can decide for yourself when to inform the university about your pregnancy. However, necessary protective measures can only be taken once the Human Resources Department and your supervisors are informed about your pregnancy. Therefore, as soon as you are aware of your pregnancy and know the expected due date, you should inform your responsible administrator in the Human Resources Department. The notification can be made informally by email; a medical certificate is not required. Once you have reported the pregnancy, you will receive a letter from HR with all further important information. In addition, your supervisors will be informed of your pregnancy to ensure compliance with maternity protection. Together with them, you will then complete a konkretisierende Gefährdungsbeurteilung (specific risk assessment).
Maternity Protection
The various maternity protection regulations serve to protect pregnant and breastfeeding people, and their (unborn) children while simultaneously enabling pregnant and breastfeeding people to continue their professional activities. Maternity protection applies throughout your entire pregnancy and lactation period. Maternity protection affects various areas of your workplace as well as special protection against dismissal. The aim is to protect both your health and that of your child while allowing you to continue your previous activities as far as it is compatible with the regulations of the Maternity Protection Act. You can find a clear overview of the maternity protection regulations in the “Guide to Maternity Protection” of the BMBFSFJ, among others.
Maternity Protection Periods
The regular maternity protection period, i.e., the time during which you are not allowed to work, usually begins six weeks before the calculated due date and ends eight weeks after the birth. The protection period after birth is extended to twelve weeks for medical premature births, multiple births, and (upon request) for the birth of a child with disabilities. You can voluntarily waive the protection period before delivery, but this is not possible for the protection period after birth (an exception exists only for stillbirths). As wage replacement, you receive maternity allowance during the maternity protection periods.
Birth of Your Child
Both employees subject to collective agreements and civil servants are entitled to one working day of paid leave on the occasion of the birth of their spouse’s/life partner’s child, according to § 29 TV-L or the Urlaubsverordnung (Vacation Ordinance). Furthermore, JGU also grants unmarried employees one day off work on the occasion of the birth of their child.
Severe Illness of a Relative in the Same Household
If a relative in your household becomes severely ill, you are entitled to one working day per calendar year of paid leave.
Severe Illness of a Child Under 12 Years Old
If you are not entitled to child sickness benefits (§ 45 SGB V), you can be granted up to four working days per calendar year of paid leave. Please refer to the guideline “Erkrankung Kind” from the Leave Management (PA 5) of the Human Resources Department.
Severe Illness of a Caregiver for a Child in Need of Care
If one of your child’s caregivers becomes severely ill and therefore cannot provide care for your permanently care-dependent child, you can be granted up to four working days per calendar year of paid leave.
Death in the Family
In the event of the death of a child, spouse, life partner, or parent, you are entitled to two days of paid leave according to § 29 TV-L or the Leave Ordinance.
All current information on the topic of parental leave can be found in the brochure “Parental Allowance and Parental Leave” from the BMBFSFJ. Our handout “Parental Leave and Return to Work” is designed to support you in preparing your parental leave in the best possible way through a joint conversation with your superiors, in order to prevent later conflicts that could arise from differing expectations.
Period and Duration
For each child, you can take up to three years of parental leave in total. You can take these three years all at once or divide them into up to three periods (if you want to divide your parental leave into more than three periods, you need the approval of your supervisors and the Human Resources Department). It should be noted that from your child’s third birthday, you can only take a maximum of 2 years of parental leave, and from your child’s 8th birthday, parental leave is no longer possible. You do not receive a salary for the time you spend on parental leave. Therefore, most parents apply for parental allowance or parental allowance plus during this time.
Application
You can submit an application for parental leave (employees subject to collective agreements or civil servants) to your responsible administrator in the Human Resources Department. You must submit the application at least 7 weeks before the start of parental leave; if you take parental leave from your child’s 3rd birthday, the application deadline is 13 weeks. When applying, you commit to the times you want to take parental leave for 2 years. A subsequent change is only possible with the university’s consent.
Part-time Work During Parental Leave
It is possible to work up to 32 hours per week during parental leave (or up to 30 hours if your child was born before 01.09.2021).
Changes to Requested Parental Leave
If you want to extend the requested parental leave afterwards or end it early, you need the approval of your supervisor. There is usually no legal entitlement to change parental leave once it has been requested. For exceptions to this rule, please refer to the brochure “Parental Allowance and Parental Leave” from the BMBFSFJ.
Continuing Education Program
While you are on parental leave, you can continue to participate in events and courses from the JGU continuing education program.
For the care of close relatives who are minors and in need of care with at least care level 1, you can take up to two years off work, either completely or partially. Unlike Familienpflegezeit (family care time), the care does not have to take place in a home environment. You must apply for care leave at least eight weeks in advance with your responsible case worker in the Human Resources Department. If you wish to continue working part-time during the care leave, this is possible, but your weekly working hours must be at least 15 hours.
During the leave for caring for minor relatives in need of care, you do not receive any salary, but you can apply for an interest-free loan.
You can find more information in the brochure “Better reconciliaton of family, care and work” from the BMBFSFJ.
Civil Servants
It is possible to work part-time for family reasons. Please note the information provided by the Department of Human Resources as well as the corresponding information sheet from the Ministry of the Interior and Sports of Rhineland-Palatinate.
Employees Covered by Collective Agreements
If you have been employed at JGU for at least six months, you are generally entitled to a temporary reduction in your working hours. An unlimited reduction in working hours may also be possible after prior consultation with your superiors. Requests for reduced working hours should be submitted to your responsible administrator in the Department of Human Resources at least three months in advance. You can also obtain all further information there.
In addition, you are also entitled to a reduction in working hours if you are caring for a child under 18 years of age. In this case, a time limit of up to 5 years is possible.
JGU offers its employees the opportunity for homeoffice.
Short-term homeoffice
- can be informally and briefly agreed upon between employee and supervisor
- should not exceed six days per calendar year
Regular homeoffice
- can be agreed upon for up to one year, with extension possible after a new application
- should not exceed 50% of the regular weekly working hours
- must be digitally requested at least one month in advance from the Department of Human Resources, with a risk assessment required for the initial application
The exact regulations are set out in the Service Agreement on Homeoffice. Further information can also be obtained from the Human Resources Department.
Employees Subject to Collective Agreements
For children under 12 years old, you can take time off work in case of your child’s illness. For this, you need a medical certificate from the child’s treating physician.
If you or your child are covered by statutory health insurance, you will not receive wages during the leave. Instead, you can apply for child sick pay from your health insurance for up to 10 working days per calendar year (20 working days for single parents), which is lower than the actual salary. To apply for child sick pay, you must submit the original medical certificate to your health insurance. A copy of the certificate must be submitted to the Vacation Ordinance of the Human Resources Department. Regardless of the number of children, the entitlement to leave is limited to a maximum of 25 working days (50 for single parents) per calendar year.
If you or your child are privately insured, you can initially take up to four days off per child in the calendar year with continued payment of wages. For this, you must submit the original medical certificate to the Vacation Management of the Human Resources Department. Once the four working days are used up, you are only entitled to unpaid leave. Regardless of the number of children, the leave entitlement is limited to a maximum of 5 working days per calendar year.
Civil Servants
In case of a serious illness of a child under 12 years old or a disabled child dependent on assistance (regardless of age), and if no other person is available for care or supervision, you can apply for leave for personal reasons with continued payment of salary for a maximum of 7 working days per calendar year per child. Regardless of the number of children, the entitlement to leave is limited to a maximum of 18 working days (36 for single parents) per calendar year. The leave can also be granted for half days. For the application, you need a medical certificate from the child’s treating physician, which you must submit in original to the Vacation Management of the Human Resources Department.
Maximum Fixed-term Contract Period (“family-oriented component”)
The maximum fixed-term contract period permitted under §2 (1) sentences 1 and 2 WissZeitVG can be extended by two years per child when caring for a child under 18 years of age, but there is no entitlement to an actual contract extension. It should be noted that the duration of the fixed-term contract period here is also to be measured based on the time anticipated to be needed to achieve the intended qualification goal.
Extension of Employment Contract
Fixed-term employment contracts under §2 (1) can be extended by the periods during which you were on leave or reduced your working hours by at least 20% due to the care of your child (§2 (5) No. 1 WissZeitVG) (up to a maximum of 2 years) and by the time you have taken parental leave (§2 (5) No. 3 WissZeitVG). There is an entitlement to extension for these periods.
Kindererziehungszeit (Child-raising Period)
The time during which you care for children under 3 years of age is credited as Kindererziehungszeit (child-raising period) when calculating your pension. You do not need to have taken parental leave during this period. However, the Kindererziehungszeit (child-raising period) is only allocated to one of the parents. This parent is usually the mother, i.e., the birth-giving parent. If you want the Kindererziehungszeit (child-raising period) to be allocated to the other parent, you must inform the pension insurance as early as possible, as the notification is only valid retroactively for 2 months.
Child Consideration Period (Kinderberücksichtigungszeit)
The child consideration period (Kinderberücksichtigungszeit) affects your pension entitlement if you earn little after the child-raising period, for example due to part-time work, and can be applied until your child turns 10 years old. The child consideration period (Kinderberücksichtigungszeit) is also only allocated to one parent, usually the birth-giving parent. If you want to change this, you must send a notification to the pension insurance.
Erziehungsrente (Child-raising Pension)
If you are raising a child under 18 and your divorced partner dies, you may be entitled to a Erziehungsrente (child-raising pension). You can obtain information about this from the Deutsche Rentenversicherung (German pension insurance).
Application
To have Kindererziehungszeit (child-raising period) credited to your insurance account, you must submit a corresponding application to the pension insurance.
