Legal regulations

The Maternity Protection Act applies to all female employees (including female assistants) and female students at TUK.

Employees inform the university about the expected date of birth, the university reports the pregnancy to the labour inspectorate and takes legal measures to protect the mum-to-be. The employer has to allow the pregnant woman to take preventive medical examinations without loss of earnings (Sec. 16, sentence 2, MuSchG).

Personnel Department

Alexandra Bastian

Phone: +49 631 205 - 2223

Building 47, Room 808

Female students report their pregnancy to the Student Service Centre (SSC) and indicate whether they would like to participate voluntarily in examinations and courses during maternity leave. If necessary, the SSC contacts the university departments for the protection of the mum-to-be so that a health risk assessment and protective measures can be drawn up. This applies in particular if the student has to perform laboratory or physical work.

Student Service Centre (SSC)

Building 47 / Ground floor

Contact for students
9:00 a.m. - 4:00 p.m.  (Monday - Friday)
Phone: +49 631 205 - 5252

Termination by the employer is deemed to be void during pregnancy and during the first four months after childbirth if the employer was aware of the pregnancy or was informed within two weeks after receipt of termination. If parental leave is taken, protection against termination also applies for this period. Anyone who suffers a miscarriage after the 12th week of pregnancy is also entitled to protection against termination. Only the pregnant woman herself may end the employment relationship during the period of pregnancy and the term of protection without giving reasons. Information is available at:

Structure and approval directorate south

Department 2, Labour Inspectorate (Gewerbeaufsicht)

Karl-Helferich-Str.2

67433 Neustadt an der Weinstraße

Phone: +49 6321 99 - 0

Provisions on protection against termination

 www.dejure.org/gesetze/KSchG (in German)

Pursuant to the Maternity Protection Directive Ordinance, the university has the duty to prepare a health risk assessment of the workplace/study place for the mum-to-be or nursing mum in order to exclude possible hazards caused by chemical hazardous substances and biological agents, as well as physical harmful factors and, if necessary, to determine protective measures.

Department Z.0 Occupational Health and Safety

Sabine Meditz

Building 10, Room 115

Phone: +49 631 205 - 4501

E-Mail:meditz(at)verw.uni-kl.de

Further information:

https://www.uni-kl.de/intern/meine-tuk/hauptabteillung-z/stabsstelle-z0/

The term of protection starts six weeks before the calculated date of birth and ends eight weeks thereafter. If the child is born before the calculated date of birth, the postnatal protection period is extended accordingly. In other words, every woman is entitled to a total of at least 14 weeks maternity leave.  The woman may continue to work before giving birth with her consent, but she may withdraw her consent at any time. During the postnatal protection period it is strictly prohibited to work. Nursing mums returning to work at the end of the protection period are entitled to "nursing time": at least twice a day for half an hour or once a day for one hour. If nursing on site is not possible, additional travel times must be granted.  The structural and approval directorate south is responsible for all matters relating to maternity leave and protection against termination of employment.

Structure and approval directorate south

Department 2, labour inspectorate (Gewerbeaufsicht)

Karl-Helferich-Str.2

67433 Neustadt an der Weinstraße

Phone: +49 6321 99 - 0

 

All employees who mainly take care of their children themselves are entitled to parental leave, regardless of whether the other parent is employed, unemployed or in education. At present, parental leave can be taken for up to three years. Thereof, 24 months can be claimed without the consent of the employer in the period between the third and eighth birthday of the child. The employer may only refuse parental leave during this period for urgent company reasons. Parents may take turns up to three times during parental leave or take parental leave at the same time.

When registering for parental leave, it must be clarified for which time periods parental leave is taken within 2 years. Such parental leave has to be announced in writing at least 7 weeks before the start, but for fathers not earlier than 8 weeks (protection against termination!). The maternity protection period is counted towards the possible 3-year total duration of the parental leave. The father's parental leave may be taken during the maternity protection period. A maximum part-time work of 30 hours/week is permitted; working hours may be reduced 2 times during the total period of parental leave between 15-30 hours per week subject to certain conditions. Employment relationships end on time - exceptions are anchored in the WissZeitVG (Fixed-term employment Act).

Please note: The registration period is 13 weeks if parental leave is planned from the 3rd birthday of the child. During this period, the special protection against termination shall apply.

Parents with civil servant status are also entitled to parental leave in accordance with federal and state regulations. Information on special leave for family reasons and part-time work for civil servants can be obtained from the personnel department.

 

Information and applications for parental leave at TUK:

Civil service law/personnel law (Beamtenrecht/Personalrechtliche Nebengebiete)

Jürgen Heinz, Frau Natascha Laskowski, Lisa Gröger

Building 47, Room 810 and 812

Phone: +49 631 205 -3544, -5071, -2350

Further Information on parental leave and parental benefits can be found here:

www.familien-wegweiser.de/

www.bmfsfj.de/BMFSFJ/Service/Publikationen/publikationsliste,did=194764.html

NOTE! In addition, parental benefit offices (Elterngeldstellen, at youth welfare offices of the district and city administrations) or the service telephone of the BFSFJ provide advice; Phone +49 30 201 791 30.

During parental leave, part-time work of up to 30 hours per week is possible, with joint parental leave 30 hours per parent. According to the Federal Family Guide, the number of hours per week spent studying is not relevant; only gainful employment counts. It must be clear that the child will continue to be cared for by the person concerned. Part-time work with an employer other than the university or as a self-employed person also requires the employer's consent during parental leave.

Under certain conditions, working time may be reduced twice during the total period of parental leave by between 15 and 30 hours per week:

  • the employment relationship exists without interruption for more than six months,
  • the contractually agreed working time is reduced for at least three months (two months for ElterngeldPlus),
  • there are no urgent operational reasons to oppose such entitlement,
  • the employer is notified of the entitlement in writing seven weeks before commencement (six weeks in the case of immediate continuation following maternity leave).

As of Januray 1, 2019 employees also have the right to a 5 year part-time working period (Brückenteilzeit -with a guarantee to the initial full time work position)  to better reconcile work and family obligations.

In principle, maternity protection and parental leave do not affect the fixed-term employment relationships, i.e. an employment relationship also ends during this period in accordance with the contract.

However, exceptions are laid down in the Act on fixed-term Employment in Science (Wissenschaftszeitvertragsgesetz, WissZeitVG). For further information, please contact the human resources department.

Scientific assistants are best advised to contact the responsible personnel officer.

Depending on the funding agency, different regulations apply to scholarship holders, which are most easily enquired about at the respective agency.

If you have any questions please contact the Human resources office.

Further Information on parental leave and fixed-term employment:

www.gew.de

GEW Ratgeber „Befristete Arbeitsverträge in der Wissenschaft, mit den Regelungen des neuen Wissenschaftszeitvertragsgesetzes von 2016“

 

Family Service Office

Dipl.-Sozialwiss. Leslie Schleese
Building 57 , Room 271
67663 Kaiserslautern

Telephone: +49 631 205-4323
E-mail: schleese@verw.uni-kl.de

Office hours

Consultation by appointment

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