Service Finder
Maternity Protection: Protection against Dismissal during Maternity Protection and Parental Leave - Request for Exception
Service Description
In principle, it is not permitted to terminate a woman's employment during pregnancy. This applies, among other things, to women in employment or training, in voluntary service and in development aid.
After childbirth, termination is generally not permitted until the end of the protection period, but at least until four months after childbirth. In the event of a miscarriage after the twelfth week of pregnancy, termination is also not permitted until at least four months after delivery.
For the special protection against dismissal to take effect, the employer must be aware of the pregnancy, the miscarriage after the twelfth week of pregnancy or the delivery. At the latest within two weeks after receipt of the employer's notice, this notification can be made up by the woman.
There is also protection against dismissal during the entire period of parental leave. This begins from the time an employee requests parental leave, but not more than eight weeks before the start of parental leave.
In special cases, the competent authority may exceptionally approve termination in accordance with Section 17 (2) of the Maternity Protection Act (MuSchG) / Section 18 (1) of the Federal Parental Allowance and Parental Leave Act (BEEG).
Process flow
An employer or insolvency administrator may request termination during maternity or parental leave. The competent authority decides whether this termination is permissible.
Who should I contact?
Contact your responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.
Requirements
The applicant must substantiate the existence of a special case in accordance with the MuSchG or BEEG and submit suitable documents as evidence.
Which documents are required?
The application should include:
- Address employee
- Employee's date of birth
- (Expected) date of childbirth / duration of parental leave
- Reason for termination
- Evidence (e.g. business registration, shareholder resolution, resolution on opening of insolvency proceedings)
What are the fees?
The decision on the admissibility of a termination is subject to a fee.
The fees shall be determined in accordance with the applicable schedule of fees or costs. An appeal by the employee concerned against the official decision is free of charge.
What deadlines do I have to pay attention to?
If an extraordinary termination is to be declared in accordance with Section 626 (2) of the German Civil Code (BGB), the application must be received by the responsible office no later than 14 days after the facts of the case have been clarified.
Processing duration
A processing time of four weeks is generally to be assumed.
Legal basis
Applications / forms
You can appeal against the decision on your application or against a decision not made in due time in accordance with the Administrative Court Code (objection, if necessary action before the Administrative Court).
Appeal
The application for a declaration of admissibility of the termination pursuant to Section 17 (2) MuSchG and/or Section 18 (1) BEEG can be submitted informally. It is recommended to use the application according to § 17 para. 2 MuSchG and/or § 18 para. 1 BEEG.
What else should I know?
If the employer declares a termination in ignorance of the pregnancy, the preclusive period of three weeks pursuant to Section 4 of the German Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) is relevant for an action by the woman before the labor court.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family Affairs
Professionally released on
01.02.2018
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Thüringer Landesamt für Verbraucherschutz (TLV) - Regionalinspektion Ostthüringen
Address
07548 Gera
Postal address
99947 Bad Langensalza