Leave entitlement during parental leave
No leave entitlement accrues during parental leave under the Mutterschutzgesetz (Federal Maternity Protection Act) or the Väter-Karenzgesetz (Federal Paternity Leave Act), although it does during the protection period. This normally starts eight weeks before the calculated date of childbirth and ends eight weeks afterwards (exceptions exist in case of premature births, Caesarean section births and multiple births).
If parental leave as defined under the Mutterschutzgesetz or the Väter-Karenzgesetz is taken during a working year, the leave (if this has not already been used) is aliquoted when parental leave is taken.
The basis for calculating the aliquot share is the period from the start of the leave year until the start of the parental leave (including the protection period before and after childbirth) as well as the period from the end of parental leave until the end of the leave year.
In the event of an ongoing employment relationship, the employer may not pay out the leave entitlement that accrued before the protection period. This entitlement remains in place and can – by arrangement – be used after the parental leave.
If parental leave is used in line with the Mutterschutzgesetz or the Väter-Karenzgesetz, the limitation period for the leave entitlement extends by the period of the parental leave.
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