Federal Labour Court, 19.02.2013, Ref.: 9 AZR 461/11
Parental leave is regulated in the Federal Parental Allowance and Parental Leave Act (BEEG). According to this, every employee is entitled to parental leave if the requirements of the BEEG are met.
Part-time employees, marginal employees or employees with a fixed-term or permanent contract may also be entitled to parental leave.
In accordance with § 16 Para. 1 BEEG, parental leave can only be taken if the employee concerned applies for parental leave at least seven weeks before it begins and at the same time states the periods for which it will be taken within two years.
The specific dates for the start and end of parental leave must also be specified.
During parental leave, the obligations of both parties arising from the employment relationship are suspended. After parental leave, the obligations to perform are resumed with the previous content.
The employee is protected against dismissal during parental leave by special protection against dismissal in accordance with § 18 BEEG.
In order to make it easier for parents to return to work, they also have the right to reduce their working hours during parental leave in accordance with § 15 Para. 5 BEEG and to submit an application for the corresponding organisation.
According to § 15 Para. 6 BEEG, parents can even apply for this reduction twice during parental leave, even without a mutual agreement with the employer.
Introduction
In the present case, the plaintiff had been working full-time for the defendant since 2006. After the birth of her child on 5 June 2008, she took parental leave and agreed a temporary reduction in her working hours.
Parental leave and reduction in working hours
On 3 December 2008, the plaintiff agreed to reduced working hours of 15 hours per week for the period from 1 January 2009 to 31 May 2009. From 1 June 2009 until the end of her parental leave on 4 June 2010, this was increased to 20 hours per week. After the end of her first parental leave, the plaintiff applied for parental leave again on 7 April 2010 until her child reached the age of three and asked to continue working 20 hours per week.
Rejection of the application
The defendant rejected the plaintiff's request for a further reduction in working hours. As a result, the plaintiff brought an action before the Labour Court, which ordered the defendant to accept the plaintiff's offer to amend the contract accordingly. However, the defendant appealed to the Regional Labour Court, which dismissed the action.
Decision of the Federal Labor Court
The plaintiff lodged an appeal with the Federal Labour Court. In its judgement, the Federal Labour Court clarified that the previous agreement of 3 December 2008 did not affect the plaintiff's entitlement to a further reduction in working hours. The court stated that mutually agreed regulations on part-time parental leave may not be offset against the entitlement to a two-time reduction in working hours. This decision emphasises the legal framework for parental leave and its effects on reductions in working hours and confirms the right of parents to organise their working hours in line with their family obligations.
Source: Federal Labor Court
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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