job contract terminated before pregnancy

14 posts in this topic

Hello,

 

I am currently 2 months pregnant and wanted to inform my direct manager after 3 months. But now due to redundancy, my position is no more needed. I have been working for more than a year. My employer has given me 2 options - 1. to move to another role(which I am not interested in) 2. to leave with some financial support like paying some money as a one-time payment. 

 

I am confused about what to do, looking for suggestions.

 

Should I announce my pregnancy and just take another role?

Should I ask for 1 year worth of compensation for terminating me as I have an unlimited contract?

Will my insurance change/maternity benefits, if I quit and be dependent on my spouse?

 

I am not sure of German laws about this condition. Any suggestion would help me taking a better decision.

 

Thank you!

 

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How long have you worked in the job? This will really drive how much if any garden leave or seperation pay you would recieve. There is sort of a general german standard and then sometimes more if part of your contract or negotiated by your works council. to get a year you would have had to work there a very long time. The unlimited contract is not giving you a big windfall of seperation pay. Especially if you are offered Nother position. If you go to unemployment they would pick up your insurance cost with current provider if you are public. We had a lady that was pregnant during our reduction although i dont know the detials. she somehow got all her maturinty things to. But she was close to delivery date at seperation.

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Kids are expensive. Take the other position, enjoy your maternity leave and find another job when you return.

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3 hours ago, Snows said:

Hello,

 

I am currently 2 months pregnant and wanted to inform my direct manager after 3 months. But now due to redundancy, my position is no more needed. I have been working for more than a year. My employer has given me 2 options - 1. to move to another role(which I am not interested in) 2. to leave with some financial support like paying some money as a one-time payment. 

 

I am confused about what to do, looking for suggestions.

 

Should I announce my pregnancy and just take another role?

Should I ask for 1 year worth of compensation for terminating me as I have an unlimited contract?

Will my insurance change/maternity benefits, if I quit and be dependent on my spouse?

 

I am not sure of German laws about this condition. Any suggestion would help me taking a better decision.

 

Thank you!

 

Hey Snows, sorry to hear about your situation. My two pennies below:

 

I would think there are a lot of things to consider. My typical approach would be to list out the advantages and disadvantages with both options and then see if I can have a way to quantifiably compare the options. I know it's not easy. Some things to consider could be - what future career options would either option give you (the new role might open doors to other things you like), what benefits you would be entitled to if you don't take the new role (not sure about your settlement/citizenship status), your quality of life, your financial situation (how much once off payment you get, how much cash you need on a monthly basis, etc), what else you can use the time for (holidays become increasingly mythical when career progresses...).

 

Also, think if there is a third option. Not sure where you stand in your negotiation status with your employer, but maybe you could negotiate with the employer for a role you like?

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Take the other role don't mention your pregnant until you have moved to the new role, then in 6 months your on maternity leave anyway, then after that you will receive elten geld which will based on your currant wage.

Also if your married you could change your tax class to 3 then next year you will receive more elten geld, once you start receiving elten geld next year, change the tax class again so your husband is 3 but you have to do this as soon as possible as I think it has to be done 7 months before you start receiving elten geld.

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Hi, thanks for your responses. 

I have been working since November 2019 so it's around 1 yr, 4 months. I could negotiate for another role but just that I do not have the motivation to take another role. However considering I am pregnant, I am thinking to just move another role and next month inform my employer about my pregnancy. Also, Is there any possibility that I go on leave earlier than maternity leave? I do have 20 vacation leave left which I would utilize, but apart from that is there any other way of going on leave earlier?

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1 hour ago, Snows said:

Also, Is there any possibility that I go on leave earlier than maternity leave? I do have 20 vacation leave left which I would utilize, but apart from that is there any other way of going on leave earlier?

 

that depends... on what kind of job you're doing. If your task is in any way dangerous (healthwise) for you or the unborn baby, your doctor can order a "Beschäftigungsverbot". 

 

There are several situations, that would give you "early leave" this way. Mostly "physical" jobs, that would require you to stand up more than 5 hours, lift more than 5kg, work at night, or work on an assembly line, working with chemicals... the list is quite extensive, and it depends on your doctor how well he/she uses it for you. If you have a simple office job, that would be harder to do.

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On the plus side: your vacation days are calculated as if you‘ve worked until THE END of your Mutterschutz (ie 8 weeks after giving birth) so chances are you‘ve got more than 20 days.

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I'm not sure if you come under pregnancy protection as you have not told your manager. if I had to guess though, I'd say you are still protected.

 

As for your position, if you are protected and the position is still there, the cannot make you redundant. They however do not have to give you the exact same job when you return. It only has to be a similar one I think, I guess one you are trained for and can do etc.

 

It's been a while since we had any pregnancies in our group of friends/working colleagues etc, so this may be old news..  

 

If this is true and your job won't exist when you get back, you'll end up in another position anyway. You just need to decide if you want to the one your boss is offering now or wait and see what else is available when you eventually go back. 

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Thank you all for the response.

The thing is I am planning not to return to work after delivery. I will just take another role for now.

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30 minutes ago, Snows said:

Thank you all for the response.

The thing is I am planning not to return to work after delivery. I will just take another role for now.

 

- be sure NOT to mention that!!!

 

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Yes of course I will not mention :)

I had another question, If I quit my job and be dependent, will maternity benefits change if I am dependent and not working. Currently, I hold a Blue card. Will I lose my benefits? If yes, what exactly?

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On 3/3/2021, 9:15:18, Snows said:

 

The thing is I am planning not to return to work after delivery. I will just take another role for now.

 

and that's exactly why employers are hesitant about women of child bearing age...    that being said, take the Sozialstaat for whatever you can get...

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One of the last things my German FIL said to us on his death bed. Nutzt den Staat richtig aus. He was a soldier in WWII so I guess that coloured his perspective somewhat.

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