What are the implications of a fixed-term contract if you are pregnant?
A Pregnancy is a reason for joy for most women. For many couples, the great desire to have a family is Birth of a baby true. However, this is also how life turns upside down from one day to the next, as the Offspring controlled everyday life.
The pregnancy has an effect u. a. on the Employment relationship From. Pregnant employees enjoy the regulations of the Maternity Protection Act (MuschG). For example, shortly before childbirth, maternity protection, separate working hours and special protection against dismissal apply during the Pregnancy.
But does a fixed-term contract when you are pregnant have an impact on the Protection against dismissal? Must an employee who is pregnant be given a Fixed-term contract extended will? You can find answers to these questions in our guidebook.
Compact knowledge: Fixed-term employment contract during pregnancy
No, pregnant employees with a fixed-term employment contract are also subject to statutory maternity protection. A dismissal during pregnancy is not possible with it.
If the calculated date of birth falls in the period of the fixed-term employment contract, the employee can still claim full salary.
No, the fixed-term employment contract ends exactly at the point foreseen in the contract for the end of the employment relationship. Because the expiration of the time limit is not a termination under labor law.
Fixed-term employment contract during pregnancy: What needs to be considered
If there is a fixed-term employment contract before and you are pregnant, some things should definitely be considered. A fixed-term employment contract exists if a time limit has been specified in the contract. In this case, the termination of the employment relationship no notice of termination, but it ends automatically at the agreed time.
In principle Fixed term only effective if a Factual reason for this or the fixed term is made in the case of a new hire and is for a maximum of two years. Accordingly, a fixed-term employment contract, if you are pregnant, under the mentioned Requirements still valid.
Pregnant? Protection against dismissal applies in the case of a fixed-term employment contract.
During the entire pregnancy apply Special regulations according to the Maternity Protection Act.
If you are pregnant and there is a fixed-term employment contract, for example, you are not allowed to do any work that would harm your Health or that of your child.
For work in which the pregnant employee frequently bends and stretches or works more than a four hours a day is must, a ban on employment applies. Therefore also Piecework and assembly line work not allowed. In addition, during work on sufficient Rest breaks be respected.
Can a fixed-term employment contract be terminated during pregnancy?
But does a fixed-term employment contract, if you are pregnant, also affect the protection against dismissal? In principle, you cannot be terminated if, during your pregnancy, you have a fixed-term contract is present. However, in order for this regulation to apply, your employer should be inform as soon as possible about the pregnancy.
If you are pregnant, a fixed-term employment contract but not automatically extended. It ends despite pregnancy at the time specified in the contract. This is also not a termination in the sense of labor law, but rather a termination of the employment relationship.
Pregnant in a fixed-term employment contract: Which benefits can you apply for after employment?
Fixed-term employment contract: if you are pregnant, the contract cannot be automatically extended.
At the latest three months before the contractually agreed end, you should check with your employer about the inquire, whether the company is interested in offering you a permanent contract.
If this is not the case, a fixed-term employment contract ends when you are pregnant at the agreed time. Three months before End of employment you should therefore register with the employment agency as a jobseeker. Otherwise you risk that the Unemployment benefit is reduced by a quarter.
If you are no longer in an employment relationship at the start of maternity leave, you will receive the Maternity benefit from the health insurance. The amount is based on the unemployment benefit 1 that you would otherwise have received instead. After maternity leave, you can either Apply for parental allowance or receive ALG 1. Both are also possible in combination.
(207 Reviews, average: 3,86 of 5)
Other interesting guides
122 Thoughts on " What are the consequences of a fixed-term employment contract if you are pregnant?? "
Hello, is the ALG1 taken into account in the parental allowance?? If one still has to receive AGL1 prior to maternity leave? Thank you and best regards
Hello DieKleine,
ALG 1 is calculated as a 0 € month when calculating parental allowance. ALG 1 before maternity protection thus reduces the parental allowance entitlement.
Your employment contract team.org
Hello, I have an important question.
My expected date of birth is 18 years old.01.2020, my 1 year fixed term employment contract ends on 26.11.2020. That would be 7 and a half weeks until the birth. Does this mean the employment office will pay me a week and a half of unemployment benefits until the health insurance pays maternity benefits 6 weeks before the birth? And can I then apply for parental allowance, after the birth of the child?
as a rule you should still receive unemployment benefits until the six week mark at birth. Also, you can apply for parental allowance if you are unemployed, it amounts to 300 euros, but it is completely counted against the Hartz 4 rate. We also recommend that you clarify the situation with the job center to be on the safe side.
Your team from employment contract.org
I am having offspring in August 2020 and would like to stay at home for 2 years. However, my contract ends in March 2021. Since the last 12 months are taken into account, I also have a normal claim to parental allowance. However, my parental leave ends with the employment contract in March. Can I still get parental benefit plus for 22 months and will my KK be paid in the period? What status will I have then? Unemployed with parental benefit? Do I have to register with the job center at the beginning of 2021??
Hello Luisa,
It’s been a while , however I would be interested in what happened to your question as I also have almost the same problem/question.
LG
My contract ended on maternity leave. My bosses told me that I would definitely have gotten a new amount if I had not gotten pregnant. But due to the pregnancy it will be terminated as planned and I could get a new one after parental leave.
I once read that it is not legal if you do not get a new contract only because of pregnancy.
Now I have re-enrolled, would like to work part-time for the first few months. However, the boss said that she could only hire me for 40 hours. What are my rights??
Hello. Do I have to inform my employer about the pregnancy before the extension of the new contract??
in principle the employer should be informed about the pregnancy as soon as possible. Only then will the maternity and dismissal protection apply to you. If in doubt, contact a lawyer.
Can who help me please
I am pregnant and my employment contract expires on March 1.March 2018 . Can my employer dismiss me from March or is there any protection.
Am totall at the end not that I then without work stand there.
a fixed-term employment contract ends at the agreed time. Discuss with your employer the possibility of extending the employment contract.
The team from employment contract.org
No you do not have to do it better for you
Hello. Do I have to inform my employer about my pregnancy before the extension of the new contract??
in principle the employer should be informed about the pregnancy as soon as possible. Only then the maternity and dismissal protection applies to you. If it turns out later that you knew about the pregnancy before the contract was extended, the employer could accuse you of deception. If in doubt, contact a lawyer.
Are there any claims if my employer offers me an extension of my fixed-term contract for another year, but then withdraws it due to my pregnancy?
if no new employment contract has been signed yet, the employer can withdraw the offer of extension.
The employment contract team.org
I am pregnant since the end of October, so in the 2. Week and from next week I have a new job for 2 years fixed term. The pregnancy usually lasts 9 months and after that I do not take parental leave.
Can I then return to my profession, because this runs 2 years.
Thank you for the answer
the temporary employment ends at the agreed time. Ask a lawyer to what extent you are protected against dismissal.
Hello, I have been banned from working since the beginning of my pregnancy. My contract expires on 31.12 and the maternity leave would start at 20.2 start. Do I have to apply for ALG1 for the 6 weeks (beginning of January to mid-February) or does the health insurance company have to pay sick pay???
before the health insurance company pays sick pay, employees are usually entitled to 42 days of continued pay from the employer. The same applies in principle to the unemployed: The Federal Employment Agency should make continued payments in the form of unemployment benefit 1 for 42 days. Only after these 6 calendar weeks the health insurance takes over.
Your employment contract team.org
Are the 6 weeks between the end of the employment contract 31 weeks?.12 and maternity leave 20.2 paid by the employer in the amount of the previous income or does the Federal Employment Agency pay sick pay in the amount of the unemployment benefit 1 entitlement?
if there is a prohibition of employment (issued by a doctor), the employer must first assign another job to the pregnant woman, but this must not cause any financial disadvantages to the employee. A leave of absence may also not result in any disadvantages.
If in doubt, check directly with the health insurance company and the employment office.
The team of employment contract.org
Hello!
I had a fixed term contract until 14.01.2019. I learned that I was pregnant in September 2018, and immediately announced it.
The employer extended my contract until the last working day, 16.04.2019. From 17.04.2019 I am on maternity leave.
I have received the maximum amount of 13 € / day from the insurance company. I am no longer entitled to anything from my employer? Who pays my difference?
Thank you very much!
actually, the entitlement to maternity benefit arises from the fact that you are in an employment relationship at the beginning of the maternity protection period. We advise you to contact the maternity benefits office with your question.
Your team from Employment Contract.org
Dear work contract.org team,
my employer has verbally promised me an extension of the employment contract. After I informed him about my pregnancy, he withdrew this promise. What possibilities do I have?
unfortunately, a verbal promise for an extension is not effective as long as no (new) employment contract has been signed. What other legal options you have, only a lawyer can tell you.
The team of employment contract.org
My husband and I are starting family planning this year in. I am currently in a fixed-term employment, but will in all likelihood on 01.08.In 2018 I will receive a third and indefinite extension. When are we allowed to start and try to get pregnant resp. from when we are financially secured?
as soon as you are sure to be pregnant, you have to inform the employer about it. It may be that employers are reluctant to offer an extension for expiring employment contracts if the person concerned is pregnant. You should take this into account when planning your family.
The team of employment contract.org
Good day Before the calculated maternity leave I am 2 days out of the fixed-term contract. Unfortunately, Aok says 2 days too early and it does not pay for it. What do I do now? Sincerely A.S
unfortunately we are not allowed to offer legal advice. Therefore, discuss your legal options with a lawyer.
The team of work contract.org
Hello! I have a question, if I get a year position now (z.B from 15.01.2018 until 15.01 2019) and I already suspect that I am pregnant, I get quite normal weekly allowance from the health insurance company. If yes, then how long?
as soon as you definitely know you are pregnant, you must inform your employer about it. To what extent protection from dismissal and claims for maternity leave apply, a lawyer will tell you in individual cases.
The team from employment contract.org
i have a temporary contract until 30.06.
My maternity leave starts on 02.05. and due date is on 13.06.
Who pays the difference to the employer when the contract expires at 30.06. expires. Do I have to report to the employment office during maternity leave or will the difference be paid by the health insurance??
Thank you very much, Daniela
If an employment relationship ends during maternity leave, the health insurance company usually pays sick pay from the end of the employment relationship. Therefore, check directly with your health insurance company.
The team of work contract.org
My contract is limited until July 2019.
" …due to the existence of an objective reason to replace the seconded Ms. XY for the period of the secondment".
"…In the event of termination of the secondment, the employment relationship ends at the end of the day on which the secondment ends, without the need for notice".
My question..
What happens if I become pregnant??! Normally you have immediate protection against dismissal, but you don’t have to dismiss me at all. Theoretically, the employer could invoke the contract that the secondment ceases and thus my contract ends?! ( Even if this does not correspond to the truth)
Is that correct or do I still have protection ? I do not have the opportunity to check the correctness here.
in case of pregnancy the protection against dismissal takes effect, the employer is not allowed to dismiss you then. In the case of a fixed-term employment relationship, this still ends at the agreed time. So, regardless of whether you are pregnant or not, your employment ends on the agreed date, unless your employer extends the employment contract before then.
The team of employment contract.org
I am currently in the 24. ssw. From the age of 16. April I would be on maternity leave. To the 30.April my employment ends. How is it with the maternity protection money? Then expires after 30. simply the allowance from employer gone? What do I have to pay attention to?
if the employment relationship is permissibly terminated during the parental leave or maternity leave period, the health insurance fund usually continues to pay. So check directly with your health insurance company.
The employment contract team.org
I have a temporary contract until the end of March, but I have the new permanent contract from 01.04. already signed. Can I be terminated beforehand due to pregnancy?
as a rule, a contract is effective from the moment it is signed. Normally protection against dismissal applies in case of pregnancy.
Inquire in case of doubt with a lawyer.
The team of employment contract.org
hi…the following
I became pregnant last year on 1.4.17 with my old employer (previously 8 years indefinitely) for one year temporarily hired. a few days later I was diagnosed with a ss. my son unfortunately passed away 3 days after his birth. but in the meantime I go back to work. now my employer told me that he will not renew my contract because of the ss last year. i have a colleague who also had a fixed term but continues to be employed. both contracts were limited to the same date.
we advise you to contact an employment lawyer to check if the time limit is allowed like this. The lawyer can also tell you if the protection against dismissal applies in your situation.
The team from work contract.org
Hello have a question, have announced my pregnancy to 03.01.2018 shared with the employer. And immediately received an employment ban. I have been home since. I have now received a letter of dismissal, the contract is free until 28 years.02.2018. must the employer continue to pay wages? Or now the health insurance?
After termination of the employment relationship, the employer is no longer obliged to continue paying wages. The former employee is entitled to unemployment benefits and, when maternity leave begins, to maternity benefits from the health insurance fund.
Your team of employment contract.org
I have an unlimited employment contract 20 hrs / week. / week and currently a temporary contract 30 hrs / week due to staff shortage. I have now received my first extension at the beginning of the year. Two extensions are still temporary and then they have me yes indefinitely on 30 hrs./week. Now if I get pregnant I am aware that I will not get an extension but how will it be calculated then? I then automatically slide back into my permanent 20 hrs. Contract. How is the parental allowance calculated then?
Thanks for your help.
the income of the 12 calendar months before the month in which the child is born is decisive for the calculation of the parental allowance. If you would like to know how the parental allowance is calculated in your specific case, you can contact the relevant parental allowance office.
Your team from employment contract.org
Dear Sir or Madam,
my employment contract ends on 14.6 and the maternity protection period starts on 03.07.18.
Now I have as it should be 3 months before registered as a job seeker. Now they tell me at the agency I would not receive benefits, ie ALG 1 because I have an absolute ban on employment issued by the doctor have received. The services would be covered by the health insurance fund. The health insurance company told me but I would also receive no benefits since I am no longer in employment and also do not receive ALG 1. Could you tell me here what is the best thing to do? I am having twins and supposedly not getting benefits but I have always paid in so the whole thing seems quite unfair to me.
I would be pleased about a feedback.
With kind regards
Natasha
please understand that we are not allowed to provide legal advice. However, we would like to recommend that you contact a lawyer with your situation, as the regulations are not clear in this regard and the current case law should also be taken into account.
Your team of employment contract.org
Hello, how is it if I have worked 10 months in a company with a fixed-term contract and I became pregnant after I already knew that it will not be extended?? Am I also entitled to ALG 1 after 10 months? Or do I have to have worked at least 12’months in the same company? Greetings
the entitlement to ALG 1 arises only when at least 12 months have been paid into the unemployment insurance, regardless of whether the activity took place in one or in different companies.
The team of work contract.org
I have a fixed term employment contract until 01.02.2019 from the 15.08.2018 I’m on maternity leave can I get benefits after the maternity leave which ends on 21.11.2018 ends be terminated??
according to § 17 of the Maternity Protection Act (MuSchG) there is a prohibition of dismissal until 4 months after childbirth.
Your team of employment contract.org
Hello, I start a temporary position theoretically on 1.6. but I have now found out that I am pregnant. At the start of work I would be in the 15. week. Do I have to inform the employer about the pregnancy before? I had the contract in my mailbox the day before yesterday and it has already been signed by the employer.
the employer may not justify the extension of an employment contract on the grounds of the employee’s pregnancy. For example, the Mainz Labor Court (ArBG) ruled (judgment dated 02.09.2008, file number: 3 Ca 1133/08) that this constitutes a gender-specific discrimination. If you are unsure how to proceed, inquire with an attorney for labor law.
Your team of employment contract.org
Hello, I work as a helper in a kindergarten. My contract is until 31.12.2018. In the contract it says that when I finish my training as a social ped. If I start as an assistant, my contract is automatically extended until the end of my training. I will receive in the next few days from the school whether acceptance or refusal. The school does not yet know about the pregnancy. Do I have to inform the school about it already? I am still at the beginning (8. Week) When I get my school place, does my employer have to extend me then? In addition, my employer is of the opinion that he can already terminate my contract, but isn’t there a protection against dismissal during pregnancy?? My employer already knows about the pregnancy. Forgive me my confused text but the fear that makes me my employer grad, makes me totally ready. I would be very pleased to receive an answer and remain with kind regards Sandra
as a rule, it is not permissible for the employer to refuse to extend a fixed-term employment contract because of pregnancy. This is the result of two judgments of the European Court of Justice (AZ: C-438/99 and C-109/00).
In addition, the protection against dismissal for mothers applies from the moment the employer was informed about the pregnancy.
In case of doubt, you can contact an attorney for labor law, who can advocate for you in such matters.
Your team of employment contract.org
Hello dear,
So on the 30.06 my contract expires.
I am in the 14 ss and there is a
Contract extension. My AG knows nothing
from that. The contract would then again be
limited for one year.
Would it be right to sign the contract and tell about it later? ?
according to the Maternity Protection Act, employees should inform their employer of their pregnancy. Only after this notification does the special protection against dismissal for mothers apply and the employer can take this circumstance into account when scheduling work.
However, the extension of a fixed-term employment contract may not be refused due to pregnancy. In addition, pregnant women are allowed in a job interview to deliberately answer the anyway inadmissible question about pregnancy incorrectly. This is the result of two judgments of the European Court of Justice (AZ: C-438/99 and C-109/00).
Your team of employment contract.org
Hello, I am in the 37 SSW. My employment is limited until the 30.09.18. ET is 19.05.18 and therefore the maternity leave period is from 07.04 to 14.07.
Do I still have to apply to my employer for parental leave?
I would appreciate an answer.
With kind regards
Tatjana
You should still apply for parental leave if you want to have it. Only then you can be sure that you will get it.
Your team of employment contract.org
Hello, at the moment my contract is limited for another 3 months. I have already negotiated an extension with the employer and he has already signed it. If I get pregnant before the extension and get an employment ban, do I still have protection against dismissal already for the extended contract or can this be withdrawn again?
The date of delivery would then no longer be in the period of the employment relationship. Do I get alg 1 in spite of the work ban??
Thank you and best regards
as a rule, a signed employment contract cannot be withdrawn if the employer learns that an employee is pregnant. The protection against dismissal applies from the moment you inform the employer about the pregnancy.
In addition, ALG 1 should continue to be paid despite a ban on employment during pregnancy.
Your team of employment contract.org
Hello,
in my contract of employment the following is stated: "The contract of employment is limited to the duration of one year. This period of employment is agreed as a trial employment relationship. The statutory period of notice applies. Both sides declare at the latest 8 weeks before the 01.01.2019 in writing whether they want to continue the employment relationship."
Now if I get pregnant before this written statement, I guess I can expect the contract to be terminated. Is it worthwhile to ask a lawyer about this??
Thank you in advance
in principle you are not obliged to inform the new employer about a pregnancy before signing the contract. In order to get individual advice on your rights, however, it is always best to contact an attorney for employment law.
Your team of employment contract.org
Hello, I know since 2 weeks that I am pregnant and ca. in the 5th week am. My employment contract expires on 14.08.2018 and eigtl it looked good that I get a permanent contract thereafter. Now I do not know whether I should tell the employer already and thus jeopardize the possible new contract, or rather wait until I have signed the new contract. My doctor said that I am only obliged to inform the employer in the 3rd month. So that would be approx. 2 weeks before the contract expires.
With kind regards
Yvonne
basically there is no obligation to inform the employer about the pregnancy at any time – so you can decide for yourself when to inform your boss about it.
Your team of employment contract.org
I am currently with my current employer in a permanent employment relationship. But for personal reasons I would like to change employer if possible. Unfortunately, I get a fixed-term employment contract here for the time being. But if I would decide for the new AG, I have the question how it looks like if I decide for 2 years parental leave. Who pays with then monthly the money and how much % of the wage are counted? Has my husband then also still the possibility to take parental leave?
note that the end of the fixed-term employment contract can also fall within the parental leave period. The fixed-term employment contract will then end anyway, even if you are still on parental leave. parental allowance is paid by the state during parental leave. It is calculated based on the average net income of the last 12 months. Questions about this can also be answered by the local parental allowance office.
Your team of employment contract.org
in my employment contract it is agreed that the employment relationship ends on the 31st day.12. ends, provided that by 30.11. I would be dismissed from my job.
Otherwise it is automatically extended by 1 year.
I am employed since January 2017, means the contract has already been extended for one year. From next year it would be automatically put on "indefinite", as far as I know.
Does this mean that in case of pregnancy I would be protected against dismissal, as the contract would be automatically extended??
Yours sincerely
unfortunately, we are not allowed to offer legal advice and therefore – even without knowledge of the employment contract – we can not make any statement about it. Therefore, you should present the employment contract to a lawyer for employment law and ask him whether in such a case an automatic de-termination can take place or whether a new permanent contract must be drawn up.
Your team of employment contract.org
I work in a crèche in NRW and have a fixed-term contract until 2020! If I would be pregnant and I would not have this immunity I would not be allowed to continue working in the nursery and would have an employment ban! Would my employer then be allowed to dismiss me ? Since I would immediately aufffolen and can not work 9 months more! Does maternity leave still apply??
the maternity protection also applies in a fixed-term employment contract, if you become pregnant during the duration of the employment contract.
Your team of employment contract.org
I have the following question and that is my contract expired during pregnancy.
Had to then 2 1/2 months unemployment benefits and then got maternity benefits.
Now I am a year in parental leave and would like to stay but still 1 year at home.
Which money is entitled to me?
A parent can receive parental allowance for a maximum of twelve months. Please contact your local parental control office for more information.
Your team from Arbeitsvertrag.org
I am currently in the probationary period and would normally receive a fixed-term contract for the further 1.5 years afterwards.
However, I am now pregnant and would like to know which right applies to me. Is there a protection against dismissal for me according to the maternity protection law only during the probationary period or also beyond this period??
Thank you in advance!
MfG
R.M.
should it be two different employment contracts, you do not automatically get a new contract through maternity leave. The company cannot be forced to draw up the new contract for you in this way. She is only not allowed to dismiss you during the maternity protection period.
Your team from Arbeitsvertrag.org
Hello. My employment contract has ended on 30.08.2018 ended . But I get sick pay because I can’t get ALG 1 because of employment ban. On 30.11.2018 I go on maternity leave. The health insurance said that I would then receive the maternity benefit i.H. Of my old net salary get paid . But there is nothing about it on the Internet . Does anyone know what ?
Your health insurance company knows best how to regulate this in your case. The maternity benefit is indeed usually the full net salary.
Your team of employment contract.org
I started working in this company more than a month ago, the trial period was final and I went back to a fixed term contract of two months which came about after the expiration of these two indefinite months as I learned that I was pregnant during the first month of the fixed term contract and was sick for 6 days because I could lose the baby. On the day I return they tell me not to come but I will only be paid at the end of these two months but without a paper providing for my redundancy.
I informed them that I was pregnant and that my absence was justified, but I do not know what to do.
What is the law case that would be pregnant especially more than eight weeks, would surprise me if I find work.
Thank you for answering me
if the employment contract was limited in time from the beginning, no maternity protection can prevent the dismissal, because the contract simply expires and no notice is given. Basically, you are not obligated to tell a potential employer about your pregnancy, that is at your own discretion.
Your team of employment contract.org
Hello dear team of employment contract.org,
Despite pregnancy, my contract was extended by six months. So far everything was fine. Now these six months expire. Can the contract expire despite known pregnancy and a contract extension?
kind regards,
Resi
please contact a lawyer to find out what your options are.
Your team of employment contract.org
Hello& I have a permanent job on 100%. After my parental leave I got myself hired for 1 year temporary at 50% , this ending in April 2019. If I don’t submit an extension I would automatically go back to my 100%. But how is it if in February I would say I am pregnant and go to the employment ban (work in the clinic). Am I then also automatically from April 2019 back to 100% employed but just in the employment ban?
Thanks for an answer&
please discuss this with your employer. If you are pregnant, a ban on employment should take precedence.
Your team from employment contract.org
I have the following problem:
My contract now expired at the end of November and was also not renewed because I became pregnant and I was then allowed to leave quasi immediately, as I was also immediately banned from employment. I know I’m late, but I don’t want to explain here why I didn’t manage to report myself unemployed within the time limit. Tomorrow is scheduled to want to apply for ALG1. Today, however, browsing the internet now makes me wonder if this is actually the right thing to do? The due date would be on 24.1.19. How can I insure myself until then and is it worthwhile with a gross salary of 2000 euros received to date to apply for ALG 1 or maternity benefit and parental allowance?? I am honestly a bit confused.
Would be great if you could give me some advice 
Hello,
what possibilities and rights do i have if i am in a fixed term employment (project related) and i get pregnant? Does the contract then automatically continue or does it end when? What money is available to me when the contract expires??
Thank you for the feedback
Hello,
I am insured until 31.07. 19 in a temporary employment. I have maternity leave until 15.06.19 and would then like to go on parental leave until August 2020. Do I still have to register with the unemployment office 3 months before my contract expires?? Or inform them that I am going on parental leave?
Greetings
Hello, I have ET at the end of March but I am hired on a temporary basis until the end of May. Does my contract then simply expire, because I am then first on maternity leave and then on parental leave?
hello,
I have a temporary employment contract that ends with the probationary period(15.april). now i have informed my boss that i am pregnant and she has directly given me notice of termination at the end of my probationary period and is also sending it to me. is this termination then legal at all and what can i do about it?
many thanks in advance
sandra
Hello sandra,
in such cases it may be advisable to consult a lawyer. We do not provide legal advice and therefore we are not allowed to recommend a specific course of action to you.
Your team of work contract.org
Who pays the maternity benefit when the employment contract ends eg:
Birth of child 31.10 also the contract ends on 31.10.
6 weeks before the KK pays 13€ + AG = net salary. Who will pay for the 8 weeks after that since the employment is terminated?
Hello Alex,
If a temporary employment contract expires during the protection period (six weeks before the birth and eight weeks after), the health insurance company normally takes over the payment of the maternity benefit in the amount of the sickness benefit.
Your team from work contract.org
I am currently in a temporary employment (contract is until 31.12.2019), an extension is being sought it said in the announcement. From 01.08.I will go on maternity leave in 2019.
All employees have a temporary contract due to our grant funding, which will likely be renewed for 2020. It is anticipated that all staff will receive new contracts at the end of 2019. At the same time as me, 2 colleagues were hired with the same role at other locations and 1 colleague with a similar role.
What are my rights if the contracts of the colleagues with the same position or. The contracts of all employees are extended for another year? I will then be on parental leave, but hope that I can return to my role after parental leave.
In addition, I am still in the trial period. When I go on maternity leave, there is still 1 month probationary period outstanding. Can I be dismissed during parental leave? If my contract is extended, this 1 trial month will be "carried over" into the new employment contract?
Thank you for your help! Sabrina
how your chances are, we unfortunately can not judge. In principle, the employer has the right to terminate your employment contract.
However, you cannot be terminated during parental leave (unless the employment contract expires anyway in). Even the probationary period does not change anything – the protection against dismissal still applies. The trial month is not usually added on at the end either.
Your team from employment contract.org
my wife is currently on parental leave and receiving parental benefits. We had registered with the parental allowance office for a reference period of 2 years. As she only has a fixed term contract which ends in June 2019, she has been told that this is when the payment of parental allowance will also end. We were told that she should register as a job seeker in order to be able to receive ALG 1 if parental allowance is no longer paid. However, we do not yet have a childcare place for our child. Therefore, my wife could not register as a job seeker, because she is not available to the labor market because of the lack of care. Ergo: She will not receive parental benefits (due to temporary contract) or ALG 1 (due to lack of care) as of July 2019. Basically, the only option would be to receive ALG 2, but I earn too much for this.
My questions:
– Is it the case that parental allowance is only paid during an ongoing employment contract? It is not paid by the employer but by the state.
– What possibilities would we still have to receive parental allowance for a longer period of time?
– Is it still possible to retroactively change to a shorter parental allowance period in order to receive a higher parental allowance??
– What are the requirements to receive ALG 1 despite the lack of care?
As you can see, mothers with a temporary contract fall through the cracks with the current regulation.
We can not advise you remotely on an individual case and are not authorized to do so. You should discuss your options with the responsible authorities (Elterngeldstelle and Arbeitsamt). However, ALG-1 recipients and ALG-2 recipients should also be entitled to a parental allowance, but this depends on various factors. If in doubt, we advise you to contact an employment lawyer.
Your team from employment contract.org
Need your advice. Can my employer revoke my signed extension of a fixed-term contract if he learns about my pregnancy afterwards?
this should not be possible. If this is the case, we strongly recommend that you contact an employment law attorney at.
Your employment contract team.org
Dear team of employment contract.org,
how to proceed with a temporary employment contract that expires in the seventh month of parental leave regarding unemployment benefits? In the first seven months of the parental allowance is paid – but what happens at the moment of the end of the employment contract? will then continue until 12. I have paid the original parental allowance for the first month of parental allowance? Or only the reduced parental allowance rate i.H.v. 300 euros? Or would you have to apply for unemployment benefit for the remaining months of parental allowance?? If the latter, can one receive unemployment benefits at all during parental leave? One is not a job seeker in the strict sense of the word, since one is taking care of the child full time.
I would be grateful for an assessment.
Kind regards, DexterManus
Hello, I also have a question. I have a fixed-term contract until 30.4.2020. But this is now my second fixed-term contract. Now assuming that I am pregnant, would the contract then also simply expire or is due to the fact that it is my second contract that is fixed term that this would then have to be converted into a permanent one? Also despite pregnancy
Hello,
If I get an employment ban from the doctor, which falls exactly in the period of the contract extension, what is the situation then?? Can the company still let the contract expire??
we are not sure how you mean this. If you have already signed the contract extension, the employer cannot simply declare this invalid. If you have not decided anything yet, the employer could let the contract expire.
Your team from employment contract.org
Hello.
No I have not got the permanent contract yet. This will be decided in August. Contract at the moment runs until 30.11.2019. My question was, if I should be in the employment ban at that time, can it expire as well?
With kind regards
Nadine L.
as I said, if the permanent contract was signed by both parties, it can not expire just like that, even if you are in the employment ban.
Your team of employment contract.org
Hello,
If I have a fixed term contract for 1 year and I give birth in that time and come on parental leave,will my contract be paused until my parental leave is over and I can go back to work for few months? Or does the contract end automatically at the fixed date??
Hello Sara Janine,
the contract usually ends on the fixed date. If you want to make another arrangement, you can discuss it with your employer.
Your team of employment contract.org
My employment contract expires on 07.01. 2020 from and the maternity leave starts only on 22.01.2020, means that I do not get the benefit of maternity protection and should I apply directly for parental benefit?!
Hello, I also have a question.
I have a fixed term contract that expires at the end of December 2019. I am 21 weeks pregnant, of course my employer told me he will not renew my contract. Therefore my question, do I get unemployment benefit or maternity protection benefit from the health insurance fund??
I am pregnant on the 10th week. I have worked since 2018. I have taken 2 employment contracts the 3 had to be permanent. For pregnancy my company knows since July because I had to give notice the work was hard physical. The company has given me Bescheinigungverbieten. My employment contract ends on 31.08.19. Normal I had to get indefinite but now say no sorry we do not give.
I had to know which person pay for me now or I have to get unemployment benefit?
And how many months earlier would have to sign an employment contract ? I heard 3 months earlier in that time I was not pregnant
Good evening,
my contract ends during the maternity leave period. Do I still get the parental allowance during the whole maternity leave??
Good day,
My girlfriend has signed that the time limit of her contract is canceled. The term expires in a few weeks. We have now suspicion that she is pregnant. What does that mean for us if she is pregnant?? When does she have to give notice?
Thanks,
Louis
My fixed term employment contract expires during my parental leave. I have asked my employer to extend my contract. expire. However that was rejected and told there will be a new contract after parental leave ends – is that right to reject just because of parental leave but then want to rehire afterwards? I feel clearly disadvantaged :/
My employment contract is fixed term. I have asked my employer for an extension of my maternity leave. If this would be canceled, I am forced by law to work after 14 weeks?
Thank you very much.
I have a fixed term employment contract till 31.10.2020.
The calculated date of birth should be 10.07.2020 its. Do I have to contact the employment office or the parental allowance office after maternity leave??
Thank you very much for a feedback.
Hello, I have after the training now got a job limited 1 year to 31.12.2020 with trial period up to 6 months. What is the legal situation if I get pregnant in the 6 months or after the 6 months???
Thanks in advance
I need help , my due date 30.03.2020, I have a fixed term contract 16.12.2019. Today I have seen my account and that sokkirt me, only half salary gets.
How should this happen? (have not seen a current pay stub yet)
My employer to me no info given for it or in writing also not at all gets. I thought I was covered until the date of birth (maternity leave) and before 6 weeks I have to register in health insurance.
I have been banned from working by my gynecologist, so I have no daily personal contact with my employer.
Just checked the last 5 payslips there is no resignation date.
What should I do now!? I have not registered in employment office.
What can I do best and what can I expect?
Thanks ever. Reply or tips.
Dear team of employment contract.org,
I am employed for a limited period. Now it is so that depending on how my ET is corrected, the maternity leave either starts on the last day of my employment or on the following day.
I wonder if this will make a difference to me.
Thanks a lot,
Anna
Hello,
I am pregnant until 2 months before my employment contract ends. What kind of run does this take regarding parental benefits, unemployment benefits etc. can someone help me ?
I am currently pregnant.
Date of birth is 03.08.2020.
I am currently in a temporary employment relationship that will not be extended because of my pregnancy and on the 04.07.2020 ends.
From 22.06.2020 I will go on maternity leave.
What does my employment end in maternity leave mean.
From 22.06.2020 until 04.07.2020 I get maternity protection money of 13 Euro per day from the health insurance and the rest is paid by the employer.
But how does it look after the 04.07.2020 from when my employment ends.
Then I will only get the 13 euros per day from the health insurance company. From whom do I get the difference? Do I get this at all?
Because you can’t live on 13 euros a day.
I have read that you can also get the maternity benefit in the amount of sick pay, get.
Is it true?
It would be really great if you could help me further.
I am pregnant and currently working in a temporary employment contract.
according to the foreseen. Birth on 08.09.2020 I will be on maternity leave until 31.08.2021 take parental leave and receive parental allowance. Also on 31.08.2021 my employment contract ends, there will be no extension.
Since I do not want to go back to work for a total of 24 months from birth, the following questions arise for me now:
1. Am I entitled to Alg I from 01.09.2021 unemployment benefit 1 for 12 months to?
2. If yes: Can I continue to be on parental leave while receiving Alg I?
3. If yes: Do I have to apply for parental leave during unemployment before or only when my employment ends??
4. If I cannot take parental leave as an unemployed person, am I still entitled to Alg I if I do not have care for the child?
I would be very happy about your feedback.
my wife is pregnant. The date of birth is in March 2021. It is limited until 31.07.Employed in 2021, the contract is expected to be extended for 1 more year until 31.07.2022.
Question:
If my wife goes on parental leave for 1 year and then returns with March 2022, how long does she still have contract? Further only until 31.07.2022, so only the 4-5 months or until 31.07.2023, so 1 year and 4-5 months? What I’m getting at is whether or not parental leave will push back the end of the fixed term by the duration of parental leave?
The same question applies if her contract is not renewed. Then it runs already on 31.07.2021 off. Does that mean that after 1 year of parental leave she is then unemployed in March 2022 or that she is still employed for 1 year because the contract is extended by the parental leave.
Thank you very much for a short answer!
I have employed a pregnant woman as a part-time office worker on a temporary basis. Before her first day of work, she broke her arm and was therefore on sick leave for 4-6 weeks. So she has not started at all.
Does the employment contract apply at all in this case? Does the woman have special protection against dismissal?