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Caregiver leave: exception from protection against dismissal

Service Description

If an employee takes a short-term leave of absence from work in accordance with Section 2 or caregiver leave in accordance with Section 3 of the Caregiver Leave Act, it is not possible for the employer to terminate the employment relationship from the time the notice is given until the time the leave is terminated.

If you as the employer nevertheless wish to terminate the employee's employment during this period, you will require a declaration of admissibility from the competent body.

Who should I contact?

Contact your responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.

Which documents are required?

The application should include:

  • Address of the employee
  • the employee's date of birth
  • duration of the care leave notified to the employer and, if applicable, the reduction in working hours
  • reasons for the termination (e.g. operational circumstances)
  • written agreement in case of partial release from work

What are the fees?

The issuance of a declaration of admissibility is subject to a fee. The fees are determined in accordance with the applicable schedule of fees or costs.

What deadlines do I have to pay attention to?

A processing time of 4 weeks is generally to be assumed, possibly longer in individual cases.

If extraordinary termination is to be effected in accordance with Section 626 (2) of the German Civil Code (BGB), the application must be received by the competent office no later than 14 days after the facts of the case have been clarified.

Legal basis

What else should I know?

If the employer terminates the employment relationship after the announcement of the caregiver leave or during the caregiver leave, the preclusive period pursuant to Section 4 of the German Protection against Dismissal Act (KSchG) is relevant for an action before the labor court (3 weeks).

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Ministry of Social Affairs, Family and Health

Professionally released on

05.02.2014

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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