Working during maternity and parental leave

Do you have somewhere to go back to after your parental leave?

Although employees do not always return to their jobs after parental leave, employers are obliged to keep their jobs for them. The employer is obliged to reinstate the employee to their original job and workplace if they return from parental leave before the child reaches the age of 2. On return after the child’s 2nd birthday, the employer must assign the work corresponding to the employment contract, not necessarily the same job or workplace.

This can only be changed by agreement to change the employment relationship. However, it is up to the employee to agree to such changes.

The employer may only give notice of termination for reasons specified by law, with a notice period, and in some cases must provide the employee with severance pay, for example, due to organisational changes, redundancy and other reasons. If, for example, there were organisational changes, such an employee would enter into a termination agreement upon his or her return or be given notice of termination on the grounds of redundancy.

If the employer is unable to assign work to the employee after the employee returns from parental leave in accordance with the employment contract, and no agreement is reached on a change, this is an obstacle to work on the employer’s side.
The employee is entitled to wage compensation equal to 100% of average earnings for as long as the employment relationship continues.

If the employee no longer wants to take up the same job, he or she may agree with the employer to terminate the employment relationship by agreement or resign. The employment relationship will then end at the end of the notice period, which is at least two months.

Maternity leave and its benefits are intended to allow the mother to concentrate on looking after herself and her child, so she cannot take the benefit and continue working. However, it is possible to earn extra money while on maternity leave in other ways. However, there are restrictions here too.

Work during maternity leave

If you don’t want to lose your maternity pay, be careful when working for your current employer. You can only contract with them for other work. For example, an accountant will be able to take on a contract for “administrative work” but may not do accountancy work again, even if it is part-time. Although the work itself is not prohibited by law, its performance conflicts with entitlement to maternity pay.

However, you will not lose the benefit if you take up the same position with another employer. There is one catch: you must get written consent from your original employer. This restriction does not apply to scientific, teaching, journalistic, literary or artistic activities. The consent of the original employer is only necessary if the work is of the same kind as his or her own. If it is a different type of work or a different field of work, the employer’s consent is not required. However, it is always advisable to have the terms and conditions of employment clearly set out in writing.

If you were running a business and paying for your sickness insurance before you started your maternity leave, you cannot continue your business personally. The only possible solution is to find an employee. However, if the business was only incidental to your employment, the maternity leave will not affect this and so you can continue it without any restrictions.

Working while on parental leave

After the end of entitlement to maternity pay, the parental allowance is paid. If no claim for maternity pay has been made, it can be paid from the day the child is born. The parent can choose a payment period of between six months and four years. While receiving parental allowance, the mother or father can work without any restrictions, unlike during maternity leave. It is possible to work on a contract, full-time or as a self-employed person, but it is necessary to ensure adequate childcare. The child can be placed in a nursery or kindergarten.

Overall, there are far fewer restrictions than for maternity leave, which should enable parents to work, for example, part-time even while caring for a child and to better build on their existing careers after parental leave.

Parental leave can last until the child is 3 years old. After it ends, the employer is obliged to assign the employee to work according to the employment contract. The employment relationship cannot be terminated automatically, but only in the ways provided for by law (e.g. by notice, agreement).

Summary

Maternity and parental leave are employment barriers, whereas maternity allowance and parental allowance are state benefits and therefore different rules apply to work during these periods. During maternity leave, the same type of work cannot be done for the same employer from which the maternity allowance is received, but it is possible to earn extra income in other ways, for example by taking on another job, with another employer or, if the legal conditions are met, in a business. After the end of maternity leave, parental leave follows, during which parents may work without limitation as to the extent or form of work, provided that proper care of the child is ensured, and the child’s attendance at nursery or kindergarten no longer affects entitlement to parental allowance. The employer is obliged to reassign the employee returning from parental leave before the child reaches the age of 2 to the original job and workplace, and upon return after the child’s second birthday, the employer must assign work corresponding to the employment contract, not necessarily the same job. The employment relationship cannot end automatically after the end of parental leave, but only in the ways provided for by law, and if the employer cannot assign the employee to a job in accordance with the employment contract upon his return, an obstacle to work arises on his side, with the employee entitled to wage compensation equal to 100% of average earnings for the duration of the employment relationship.