Termination after parental leave by the employer

In contrast to other countries, it is difficult to reconcile family with work in Germany. There are too few crèche or kindergarten places and unfortunately only a few families can afford a nanny, which is why many mothers take parental leave for two years. And unfortunately, many employers are not family-friendly either.

Termination after parental leave

• When parents return to work after the baby break, they often do so part-time. Even if the employer lets you go back to work for the time being, it often happens that employees are dismissed after parental leave. You have to know that only companies that employ more than 15 people have to give their returners a part-time position.
• However, it is not that easy to give employees the termination to pronounce during or after parental leave. However, if the company has filed for bankruptcy and the company is closed, a dismissal during or after parental leave can be effective. Usually, however, the trade office intervenes and checks whether a mother can be dismissed during parental leave.
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• However, if the dismissal has been made by the employer after parental leave, you can seek help from a lawyer and file an action for protection against dismissal. In general, as an employee, you should always sue after a dismissal by the employer in order to negotiate an acceptable severance payment. Above all, you should sue if you know that your old company has only merged or been bought up and other colleagues (without children) have been taken over. Then there is reason to suspect that your dismissal is due to your parenthood and the resulting inflexibility as a part-time employee.
• Remember: If you are given notice after parental leave, the employment office must give you your Do not calculate unemployment benefits based on the amount of your last salary, but can be a Apply a flat-rate salary. This means that you would possibly receive less unemployment benefits than the case after your actual one salary would be.


Termination for operational reasons after parental leave - important information for employees

An operational dismissal during parental leave is only possible under very tight ...

• It is always a case-by-case decision that is best viewed by a lawyer. Contact the trade office and the employment office. These offices are very good as a first point of contact. Before hiring a lawyer, do some research there.