Paragraph
© Colourbox.de

LEGAL MATTERS

If you are expecting a child, there are a few formalities to be dealt with regarding your employer, in this case the University of Münster. Above all, make sure to inform your employer as soon as possible. This obligation is stipulated by the Maternal Protection Act (Mutterschutzgesetz, MuSchG). It regulates the so-called Mutterschutz, the protection periods for pregnant women, namely: six weeks before the birth and eight weeks after the birth (twelve weeks in the case of a premature or multiple birth).

After this period, the Bundeselterngeld- und Elternzeitgesetz (BEEG – Federal Parental Allowance and Parental Leave Act) applies. It regulates the parental right to parental leave, which exists until the child’s third birthday. The maternity protection period after the birth counts towards this limit. In families with more than one child, parents have a right to parental leave for each child even if the periods overlap. If the employer agrees, part of parental leave (no more than 12 months) can be transferred to a later time but only up to the child’s eighth birthday. This parental leave can be claimed by either parent singly, by both parents jointly, or be split.

During parental leave, a parent is allowed to work. However, the weekly working time may not exceed 30 hours. For part-time work for a different employer or in self-employment permission must be sought from the employer.

LEAVE OF ABSENCE TO CARE FOR A SICK CHILD

Changes to sick leave compensation for children went into effect on 1 January 2015. In accordance with § 45 SGB V, employees with statutory health insurance are entitled to unpaid sick leave by the employer and sick day compensation from their health insurance provider under the following conditions:
a) The child is 11 years old or younger, or is handicapped and dependent on care
b) No other person living in the household is available to care for the child
c) Care is necessary from a medical point of view (medical certificate)
d) The employee is not entitled to sick leave compensation by the employer
In addition, both the caregiving parent and child must be insured through a statutory health insurance provider. If these conditions are fulfilled, employees are permitted to take up to ten days of sick leave per year for each child. Parents who have three or more children are permitted to take 25 days of leave per year each. Single parents and those who work both are allotted twice the amount (20/50 days).
As stipulated in § 45 (3) sent. 3 SGB V, the (gross) sick day compensation for children amounts to 90 % of the employee’s lost net earnings. If the employee paid one-time health insurance contributions in the twelve months prior to taking the leave of absence (in accordance with § 23a SGB IV), he/she is entitled to 100 % of his/her lost net earnings regardless of the amount of the one-time payments. Furthermore, the health insurance provider must deduct and retain all relevant unemployment, nursing care and pension contributions from the employee’s sick leave compensation. The employee is not required, however, to pay health insurance contributions during the compensation period.
In accordance with § 29 (1) letter e bb) TV-L, privately insured individuals may take four days of sick leave for their children per year with continued payment of salary under the following conditions:
a) The child is 11 years old or younger
b) The employee is not entitled to compensation as provided by § 45 SGB V
c) Care is necessary from a medical point of view (medical certificate)
d) No other person living in the household is available to care for the child

LEAVE OF ABSENCE TO CARE FOR A SICK CHILD (CIVIL SERVANTS)

In accordance with § 33 (1) sent. 2 no. 6 of the NRW Leave of Absence and Holiday Ordinance (Freistellungs- und Urlaubsverordnung NRW (FrUrlV)), civil servants may take leaves of absence for up to four working days per calendar year with continued payment of salary under the following conditions:
a) The child is 11 years old or younger and is severely ill, or is handicapped and dependent on care
b) No other person is available to care for the child
c) A medical certificate confirms that care or supervision of the child is necessary
d) No job-related reasons exist for refusing the request
Civil servants who meet these conditions and whose salary (not including family and expense allowances) does not exceed the yearly compensation limit stipulated in § 6 (6) SGB V, are allowed to take a leave of absence in the form of holiday compensation according to § 45 (2) SGB V for up to ten working days (deducted from their total number of allotted holidays as provided by § 33 (1) sent. 2 no. 6 (see above)). For those who work under five days a week, the holiday compensation is reduced in proportion to the non-working days.
Civil servants need only provide an informal declaration of their earnings as proof of income.

MORE INFORMATION

For more information, please visit the website of the Human Resources Department of the University of Münster (restricted access).