Applying for suspension of protection against dismissal during maternity leave, parental leave or nursing care

Service Description

If you wish to dismiss employees who are subject to special protection against dismissal, you must apply for a declaration of admissibility before giving notice.

The following groups of people are subject to special protection against dismissal:

  • Women
    • during their pregnancy
    • up to 4 months after a miscarriage after the 12th week of pregnancy and
    • until the end of their protection period after giving birth, but at least until 4 months after giving birth
  • Persons on parental leave
  • Persons who care for a dependent relative in accordance with the Caregiver Leave Act or the Family Caregiver Leave Act and take the corresponding (partial) leave of absence for this purpose. You can take care leave and family care leave together for a maximum of 24 months per dependent relative in need of care.

Please note the special features of the different dismissal protection rules for these groups of people:

  • For caregiving, protection against dismissal applies not only during the care-related leave of absence, but also as soon as you are notified that you will be unable to work. The protection applies for a maximum of 12 weeks before the announced start date. The protection against dismissal also applies not only when care is provided, but also when care is organized. Under certain conditions, employees can be released from work for up to 10 days for this purpose.
  • Protection against dismissal for parents on parental leave begins as soon as the application is submitted. However, at the earliest:
    • 8 weeks before the start of parental leave if the child is under 3 years old.
    • 14 weeks before the start of parental leave if the child is between 3 and 8 years old.

The competent authority will only grant you permission if a verifiable reason for termination can be proven.

In principle, it is not permitted to dismiss a woman during pregnancy.

This applies to women

  • in employment or training relationships,
  • in voluntary service and in development aid,
  • who are employed in a workshop for disabled people,
  • who work as members of a spiritual cooperative, deaconesses or members of a similar community in a permanent position or on the basis of an employment contract for them, or on the basis of extracurricular training,
  • who are employed to work from home or
  • who are to be regarded as an employee-like person.

After childbirth, dismissal is generally not permitted until the end of the protection period, but at least 4 months after childbirth. In the event of a miscarriage after the 12th week of pregnancy, dismissal is also not permitted until at least 4 months after the birth.

In order for the special protection against dismissal to take effect, the employer must be aware of the pregnancy, the miscarriage after the 12th week of pregnancy or the delivery. The woman can make up for this notification at the latest within 2 weeks of receiving the employer's notice of termination.

There is also protection against dismissal during the entire period of parental leave. This begins from the time an employee requests parental leave, but no more than 8 weeks before the start of parental leave.

In special cases, the competent authority may exceptionally approve a dismissal in accordance with the Maternity Protection Act (MuSchG), the Federal Parental Allowance and Parental Leave Act (BEEG), the Caregiver Leave Act (PflegeZG) or the Family Caregiver Leave Act (FPfZG).

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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