Elternzeit Questions for 2010 - Germany

I am expecting a baby next March (2010) and I would like to take one month off work immediately. However, I would also like to take 3 months off later in the year, June, July, August. Is this something I can do? My partner is self-employed so she will be claiming the 300€ money for the year from the government. Is it possible to split the elternzeit like this or do I have to take it all in one lump?

Also, I have heard that I have to give "eaxctly" 7 weeks notice prior to birth to my employer to insure that I am "covered" the 7 weeks before birth and for 7 weeks after I get back from the elternzeit. Is this correct and if I don't give the notice on the exact date, am I not covered?

Any help with this would be great because it is very confusing!

Regards.

You're allowed to split the Elternzeit however you want, as long as each partner takes two months or more. You can take 7 months and your partner 7 months, or you can do 3 and 11, or whatever. You can even both take 7 months at the same time (and receive the money for both).

However, you can't take any Elternzeit until the child is actually born.

And no, you don't have to give "exactly" 7 weeks - that would be very silly given that babies come when they want to and not on a fixed schedule (c-sections aside...).

Ok, thanks for the reply. Yeah, I am aware of the fact that the baby needs to be born first! I am also assuming that my employer has no choice about my elternzeit? I work for a company through an agency and have done so for over a year, would this make any difference and who should I tell? I am thinking that it is best to tell both the agency and company.

There is also the issue that has been raised that my company could get rid of me because I want 4 months off. I know that I am covered 7 weeks before the birth and 7 weeks after the end of the elternzeit, but, theoretically speaking, could they fire me in the 8th week after I return because of elternzeit? I realise that they can fire me at any point, but I have heard that most companies don't like paying out for elternzeit.

The company doesn't pay for Elternzeit - the government does. Your employer does have to pay maternity leave, however - this will depend on your contract. Do you have a fixed-term contract with the agency or a regular contract? Because if it's a fixed-term contract, you can't be terminated due to the pregnancy, but it will run out normally at some point. If you're on a regular (non-term) contract, you can't be fired for being pregnant or wanting to take Elternzeit.

I am not on a fixed term contract, it is just an ongoing thing with the agency. So, it would be quite easy for them to get rid of me if they wanted to, but obviously, they wouldn't give the reason as being elternzeit. Is there a difference between elternzeit and maternity leave then or they essentially the same? I have mentioned it some people outside of work and there still seems to be a little bit of a taboo here in Germany, that a man would want to take time off work to spend with his child. If Germany offers such a good system and I can afford to take it, then I should take it right?

Congratulations on your pregnancy!

You will need a document from your doctor (which costs you 5 euros, which you then get reimbursed from employer) to attest to your pregnancy and the predicted due date. Only when employer(s) get that is the information official. You could get two (and pay 10 Euros to your OB) and then give one each to agency and company - that's what I'd do.

Mutterschutz (statutory maternity leave) begins 6 weeks before expected birth date, not seven weeks. It extends to 8 weeks after the birth (duration adjustments are made in case of premature birth or twins but you'll get at least a total of 14 weeks mat leave at full pay). During that time it is expected that you will not work, no matter how fit you feel. You can except yourself from some/all of the pre-birth weeks but there's little reason to do so - it's the standard and hey it's full pay. I think it's technically illegal for an employer to pay you for work done in the 8 weeks post-birth - the law's designed to protect the baby by ensuring mom's presence for breastfeeding, etc.

Elternzeit is different from mat leave/Mutterschutz. It's time off with employment protections for either/both parents for up to 3 years at any time up to child's 8th birthday. If taken in year after birth, lost wages can be reimbursed up to 67% or a max of 1800 Euros/month for a total of 14 months total (shared by both parents). If it's a paid period, that involves Elterngeld (the forums here have lots of good info on this if you search Elternzeit and Elterngeld - just make sure you get info dating from 2007 or later). You cannot be fired because you wish to take Elternzeit, or because you take it. It is your right to do so and your job (or an equivalent) will be held for you until you get back. But going on leave (mat leave or Elternzeit, paid or unpaid) does not stop the clock on a limited term contract, so if you have, say, a 2 or 5 or 10-year contract with company x or agency y, the contract will reach its natural end and your job will be over at its originally scheduled pace regardless of whether you take Elternzeit or not. And of course your employer can get annoyed at you (as can your colleagues who have to pick up slack, or whatever) for taking Elternzeit - they may be unhappy with your choice of months and may try to get back at you one way or another upon your return, including finding other reasons to fire you. But basically employers have to cope with the demands that the Elternzeit and Elterngeld laws put on them and most will know it's not your "fault" and you're not asking for special treatment, just what every pregnant person and set of new parents are entitled to under the law.

I am not the one pregnant by the way, my fiance is. So, do I still need to get a note from her Dr confirming the pregnancy as obviously there is no point in getting one from my Dr?! If I take 1 month off in March when the baby comes, then go back for 2 months and then take a further 3 months off, does this mean that I will definitely keep my job during the in between months (assuming I don't punch my boss!)? As technically, my elternzeit is not finished yet.

Ask your employer what paperwork they need from you. Your job in-between Elternzeit months will be as secure as it is at any other time - if they want to fire you for other reasons within the terms of your employment (or union) contract or standard labor laws, then they can do it. It's a tough economy and people are getting laid off for "company-specific" reasons all the time. They cannot fire you solely because you took or will again be taking Elternzeit but they can look for other reasons to do so if they want to. (Why do I feel like I've written this before? Oh, yeah - because I have, just one message above.) It's the same whether you're pre-Elternzeit, post-Elternzeit, or between Elternzeit periods If your regular contract runs out during the period of Elternzeit (or Elternzeit elgibility), your job is over according to the orig terms of the contract and that's it. So Elternzeit doesn't protect against a contract ending, but you can't get fired from a continuing contract just for taking Elternzeit (paid or unpaid).