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Maternity protection
Offspring is on the way? With the onset and notification of a pregnancy, the protective provisions of the Maternity Protection Act apply, in particular protection against dismissal and dismissal.
As an employee and apprentice , you are entitled to maternity leave. There are some special provisions for home workers, employees who are employed in private households and for employees in certain branches of the public service. The provisions of the Agricultural Labour Act and the Agricultural Labour Code apply to female agricultural workers.
Parts of the Maternity Protection Act also apply to employee-like freelancers: they are subject to an individual and absolute ban on employment before and after childbirth. In the event of dismissal due to pregnancy or due to the prohibition of employment, they can contest the dismissal.
IMPORTANT: Inform your employer at least 4 weeks before you start maternity leave.
As an expectant mother, you are not allowed to work in the last 8 weeks before the due date. This is the so-called protection period (= absolute ban on employment). If there is a danger to you or your child, you can be released earlier. If there are certain medical reasons, the certificate of exemption can be issued by the specialist. In some cases, the leave of absence must be granted by the labour inspectorate doctor or by the public health officer. The certificate of exemption must be presented to the employer who is no longer allowed to employ you with immediate effect.
ATTENTION: If you have your child before or after the due date, this shortens or extends the protection period before the birth accordingly.
Maternity leave after childbirth lasts 8 weeks. If the protection period before the birth has been shortened because the date of birth was not calculated correctly, the protection period after the birth is extended to a maximum of 16 weeks to the extent of the shortening. In the case of premature births, multiple births or caesarean sections, the protection period after delivery is at least 12 weeks.
During maternity leave, you will receive maternity benefit from your responsible health insurance company, which you must apply for. Your employer does not pay any wages or salaries during this period.
Yes. Special protection against dismissal and dismissal exists from the time the pregnancy is announced until four months after the birth. If parental leave is taken, the protection is extended until four weeks after the end of the parental leave.
ATTENTION: Dismissal or dismissal without the consent of the Labour and Social Court is unlawful and therefore invalid. A dismissal due to pregnancy during the probationary period is considered discrimination on the basis of gender and can therefore also be challenged at the Labour and Social Court.
If you are pregnant and inform your employer within five working days of the notice of termination or, in the case of a written notice, within five working days of its notification, the termination becomes legally invalid. If you only find out at a later date that you are pregnant, you must inform the employer immediately so that the dismissal becomes legally invalid.
Four weeks after a miscarriage or pregnancy loss , you have special protection against dismissal and dismissal. If a dismissal takes place after this period has expired because your employer assumes that you will soon become pregnant again, this dismissal can be challenged in court within fourteen days of receipt of the dismissal on the basis of the Equal Treatment Act .
Parental leave and return to the world of work
Parental leave means that you are released from your work performance in exchange for loss of pay . You are legally entitled to parental leave, so your employer cannot deny it. Your employment relationship will continue to exist and you will have protection against dismissal and dismissal.
IMPORTANT: During parental leave, you will not receive a salary or salary. However, you will receive childcare allowance during this time.
Parental leave begins at the end of the protection period after the birth (usually eight weeks) and ends after the agreed duration, which must be at least two months.
If only one parent takes parental leave, it ends at the latest at the end of the child's 22nd month of life.
If each parent goes on parental leave for at least 2 months, then there is an entitlement to parental leave until the end of the child's 24th month of life (= day before the child's 2nd birthday).
In the case of single parents, parental leave ends at the latest at the end of the child's 24th month of life.
If the parent who is not entitled to parental leave (e.g. self-employed, unemployed, students) initially cares for the child after the birth and the other parent begins his or her parental leave at the earliest after the expiry of two months from the end of the employment ban after the birth, there is also an entitlement to parental leave until the end of the child's 24th month of life.
Under certain conditions, part of the parental leave can also be postponed until the child's 7th birthday (so-called "deferred parental leave").
*The regulations listed here apply to births from 1.11.2023.
Yes. If they take parental leave directly after the protection period, mothers must notify the employer in writing of the start and duration of the parental leave no later than the end of the protection period (fathers no later than 8 weeks after the birth). In the event of an extension of parental leave or alternating use of parental leave, special registration deadlines apply. Your employer must
issue a confirmation of the start and duration of the parental leave .
Yes, under the following conditions:
- He lives with the child in the same household and
- the mother is not on maternity leave at the same time (exception: overlap during the first change between the parents).
- There is also an entitlement to paternity leave if the mother is not entitled to parental leave, as well as for single fathers.
*Adoptive and foster parents as well as women who are considered by law to be the child's other parent are also entitled to parental leave.
Fathers or the second parent in the case of same-sex couples can demand a leave of absence from the employer without continued payment of remuneration to the extent of one month . The prerequisite is a joint household with the child. The Father's Month must be taken in the period between the birth (from discharge from the hospital) and the end of the mother's ban on employment.
The expected start of the father's month and the expected date of birth must be announced to the employer at least three months before the calculated date of birth (advance notice period). After the birth, the employer must be informed of the birth immediately. The actual start date of the father's month must be communicated to the employer no later than one week after the birth.
Under certain conditions, the family time bonus can be received as a substitute for the salary. In 2024, this amounts to up to € 1,626.26 for one month (€ 52.46 per day).
Yes. A total of three parts of the parental leave are permitted, for example mother/father/mother. Each part must last at least two months.
No. The parents may not take parental leave for the same child at the same time. Only in the case of the first change between the parents is an overlap of one month possible. In this case, the parental leave may only last until the child reaches the age of 23 months.
Yes. At least three months before the end of the reported parental leave, you must inform your employer that you would like to extend the parental leave and for how long. If you originally reported parental leave of less than three months, you do not have to report the extension until two months before the end of the parental leave.
During the waiting period, you may work for the same employer below the marginal income threshold . In addition to the employment relationship on parental leave, you can agree with your employer on employment above the marginal income threshold for a maximum of 13 weeks in a calendar year.
ATTENTION: Find out about the exact additional income limits when receiving childcare allowance at the same time. This is because there are different regulations on additional income and the duration of the entitlement in the case of parental leave and childcare allowance!
After the child's 1st birthday, your employer can only terminate the employment relationship if, in addition to the existing dismissal and dismissal protection provisions, continued employment is not reasonable for economic and personal reasons. However, your employer needs the approval of the Labor and Social Court for such a termination.
You are entitled to parental leave until the end of the child's 22nd, 23rd or 24th month of life (see above for the duration of the parental leave entitlement). This means that you have to start work again the following day at the latest. Notification of the start of service after maternity leave is not required by law, but it is advisable!
IMPORTANT: After maternity leave, you are entitled to an equivalent area of responsibility that corresponds to the employment contract – regardless of whether you return full-time or part-time. Even multiple maternity leave does not change this entitlement.
ATTENTION: If employment at the old job is not possible, an equivalent activity in accordance with the contract must be offered. If there is a change in the place of work or the contractually agreed activity, contact your union immediately.
After maternity leave, you are entitled to a pro-rata holiday entitlement from the time you return to work until the end of the leave year.
If you have vacation entitlements from the year in which you went on maternity leave, these will also be aliquoted. The limitation period for the holiday entitlement is extended by the period of parental leave if parental leave is taken. Parental leave does not change the leave year.
Christmas remuneration (= Christmas bonus) and holiday allowance are incurred on a pro rata basis after returning to the company for the calendar year. The due date is based on the collective agreement or a more favourable contractual agreement.
During maternity leave, your employment relationship will generally remain in place. For births from 1.8.2019 onwards, leave taken for service-related entitlements (e.g. calculation of the notice period, duration of continued payment of remuneration during sick leave and amount of leave) will be fully credited for each child up to the maximum duration (22, 23 or 24 months).
Child allowance
You will receive childcare allowance if all of the following criteria apply:
- This child is entitled to family allowance or a similar foreign benefit.
- You live with the child in the same household.
- The center of your life is in Austria.
- The necessary parent-child passport examinations will be carried out completely and in good time.
- The relevant total amount of your income in the calendar year does not exceed the threshold amount of € 18,000 or the individual additional income limit for the childcare allowance account (flat-rate KBG) or € 8,100 for the income-related KBG (annual).
IMPORTANT: Only one parent receives childcare allowance at a time – it cannot be received by both parents at the same time. This applies equally to biological parents as well as to adoptive and foster parents.
After the birth of the child, apply for childcare allowance from your responsible social security institution (health insurance company).
The application can be submitted on the day of birth at the earliest. If you apply later, you should do so within 182 days at the latest. Otherwise you will no longer receive the entire childcare allowance.
There is the childcare allowance account (flat-rate KBG) and the income-related childcare allowance.
With the childcare allowance account , it doesn't matter whether you worked before the birth or not. A fixed total amount is available for the KBG account:
- € 14,355.45 if only one parent receives the KBG
- € 17,934.50 if both parents share the KBG salary
The total amount is distributed over the selected period of entitlement. The following applies: The shorter you receive KBG, the higher the amount you receive per day.
Income-related child benefit requires that you are in an upright employment relationship at the time of the birth of the child. In the last 182 days before the start of maternity leave (for mothers) or before the birth (for the other parent), you must have actually and continuously engaged in gainful employment subject to health and pension insurance.
Childcare allowance variants at a glance
Childcare allowance account
- Reference by: one parent
- Possible duration of entitlement: 12 - 28 months (365 - 851 days)
- Amount of the KBG (as of 2024):
- Total: € 14.355,45
- per day (depending on the period of entitlement): min. € 16.87 to max. € 39.33
- Reference by: both parents
- Possible period of entitlement: 15 - 35 months (456 - 1,063 days)
- Amount of the KBG (as of 2024):
- Total: € 17.934,50
- per day (depending on the period of entitlement): min. € 16.87 to max. € 39.33
In the case of twins , the KBG increases by 50% of the selected amount (in the case of multiples, this also applies to each additional child).
Income-related child benefit
- Reference by: one parent
- Possible period of entitlement: 365 days from birth (approx. 1 year)
- Amount of the KBG (as of 2024): 80% of the maternity allowance (but a maximum of € 76.60 per day) or 80% of the fictitious maternity allowance to be calculated for the second parent
- Reference by: both parents
- Possible period of entitlement: 426 days from birth (14 months)
- Amount of the KBG (as of 2024): 80% of the maternity allowance (but a maximum of € 76.60 per day) or 80% of the fictitious maternity allowance to be calculated for the second parent
In the case of twins (multiples), the income-related KBG does not increase.
ATTENTION: Parental leave under labour law and thus protection against dismissal ends regardless of the receipt of childcare allowance! While receiving childcare allowance, you are generally covered by health insurance. If the parental leave lasts longer than the receipt of childcare allowance, the insurance does not automatically continue to exist. You have to take care of your insurance coverage yourself!
- Childcare allowance account
- Income-related child benefit
In the case of the childcare allowance account (flat-rate KBG), parents may take turns receiving childcare allowance up to twice (a total of 3 blocks). Each KBG block must last at least 61 days continuously. The amount of the KBG per day is always the same for both parents. With the first change, simultaneous withdrawal is possible for up to 31 days. However, this shortens the duration of the claim overall. Each parent must receive the KBG for at least 20% of the entire period of entitlement. Depending on the length of the selected withdrawal period, this can be a minimum of 91 days to a maximum of 212 days. If one parent takes less than his or her 20%, these periods cannot be transferred to the other parent, but can be forfeited.
The income-related childcare allowance can be divided if each parent receives KBG for at least 61 days. When changing, both parents can move in at the same time for up to 31 days. However, the simultaneous receipt leads to a correspondingly shorter duration of entitlement overall.
In certain cases of hardship, the childcare allowance account (flat-rate KBG) may be extended by up to a maximum of 91 days.
In the case of income-related child benefit, a hardship extension of a maximum of 61 days is possible for one parent. A special benefit of € 39.33 per day (2024) will then be paid out.
A case of hardship may exist if one parent has lost the joint household with the child due to an unavoidable and unforeseeable event (e.g. death, hospitalization, domestic violence, imprisonment). If the parent who has lost the joint household has already received KBG before, then the duration of the hardship extension is reduced accordingly.
In the case of the childcare allowance account (lump-sum KBG), the extension can also be made in the event that one parent is permanently single (separation) and has filed an application with the court for the determination of maintenance. An income limit of € 1,400.00 (net income including family benefits) plus 300 euros for each additional person in the household for whom maintenance is paid applies.
Families with low incomes or single parents receive a childcare allowance of € 6.06 per day (€ 181.80 per month) upon application. The allowance is paid out for a maximum of twelve months and is tied to the simultaneous, actual receipt (no suspension) of childcare allowance. The allowance only has to be repaid in full or in part if the additional income limits are exceeded.
ATTENTION: Recipients of income-related childcare allowance are not entitled to the childcare allowance.
The partnership bonus is received if both parents receive childcare allowance for the same child for approximately the same amount of time. The split must be between 40:60 and 50:50 and each parent must receive KBG for at least 124 days. The time in which maternity benefit is received is not counted.
The partnership bonus is a one-off fee of € 500 for each parent and must be applied for at the responsible social security institution (health insurance fund ). The application can be submitted at the same time as the application for KBG or later. If you apply later, you must do so within 124 days from the last day of the maximum entitlement period (for both parents).
Childcare allowance is due up to a fixed additional income limit.
With the childcare allowance account (flat-rate KBG), you are generally allowed to earn 60 percent of your last gross income. However, if the last income is less than € 18,000 per calendar year, you are allowed to earn additional income at this limit.
If you receive the income-related childcare allowance, you may earn a maximum of € 8,100 per year.
Income that is subject to wage and income tax is taken into account. For example, income from employment, self-employment or freelancing. Unemployment benefits, emergency assistance, further education allowance and part-time education allowance must also be taken into account. This does not include, for example, family allowance, maintenance, childcare allowance, severance pay, special payments, holiday replacement benefits, salary advances or expense reimbursements.
IMPORTANT: If your income for the entitlement period exceeds the income limit, you must repay the amount by which the additional income limit was exceeded.
Parental leave
Parental leave is a statutory entitlement to a reduction or change in the situation of the previous working hours. Under certain conditions, parental leave is possible for a maximum of 7 years in a framework period until the child's 8th birthday. From these 7 years, periods of prohibition of employment after the birth and the waiting periods of both parents are deducted. You must agree on the exact framework conditions of parental leave with your employer.
ATTENTION: The legal provisions on parental leave were changed in 2023. The following information applies to cases in which the written notification to the employer that parental leave is to be taken was made from 1.11.2023 .
Statutory entitlement to parental leave applies under the following conditions:
- If you are employed in a company with more than 20 employees .
- If your employment relationship with your employer has already lasted 3 years without interruption (periods of parental leave are to be credited towards this minimum period of employment).
- If you live with the child in the same household or have custody of the child.
- If the other parent is not on parental leave for the same child at the same time.
- If parental leave is taken for at least two months .
Apprentices are excluded from the claim.
You must reduce your work by at least 20% of the agreed normal weekly working hours. The lower limit is a minimum working time of 12 hours per week. With a 40-hour week, the working hours during parental leave can therefore be between 12 and 32 hours per week.
ATTENTION: You can also arrange parental leave with your employer outside the range mentioned above. However, there is no legal entitlement to this. In this case, the provisions on parental leave still apply, in particular the special protection against dismissal and dismissal.
No, because there is also a right to change the position of working hours. This right is especially important for mothers and fathers who find themselves in one of these two situations:
- You don't want to reduce your hours because even a shift in working hours makes it possible for you to reconcile work and family.
- Or you are already working part-time and do not want to reduce your working hours even further, but can only work at certain times of the day – for example, due to the opening hours of the childcare facility.
You must inform your employer about the start and duration of parental leave no later than 8 weeks after the birth if you take parental leave after the protection period .
If the mother's parental leave lasts only 2 months after the protection period, fathers must notify the mother or employer of the parental leave following the mother's parental leave at the earliest after the birth of the child, but no later than the end of the protection period.
If you take up parental leave at a later date, you must notify your employer of your parental leave in writing at least 3 months before the intended start.
This written notification must contain the beginning, duration, extent (i.e. the total number of hours) and location of the part-time employment (start and end of daily working hours, designation of working days).
ATTENTION: You can request a change in the part-time (extent, location) and an early termination of the part-time work once. The same applies to your employer.
Yes. During parental leave, you have special protection against dismissal and dismissal. This begins with the announcement of the desire to work part-time, but no earlier than four months before the intended start of part-time employment. It lasts up to a maximum of four weeks after the child's 4th birthday. If you agree to end parental leave at an earlier date, the special protection against dismissal and dismissal ends four weeks after the end of the parental leave.
The special protection against dismissal and dismissal applies both to mothers and fathers who are entitled to parental leave and to parents who are on parental leave due to an agreement with the employer.
After the child's 4th birthday has expired, there is only protection against dismissal for motive. Protection against dismissal on grounds of motive means that an employee may not be dismissed because of an intended or actually taken parental leave. If the parental leave lasts longer than the child's 4th birthday under the Maternity Protection Act or Paternity Leave Act or is only started afterwards, then a dismissal pronounced on account of the parental leave can be challenged in court.
ATTENTION: Termination is possible if you take up another gainful employment in addition to part-time employment without the consent of the employer. Termination is possible within 8 weeks of becoming aware of the secondary employment.
If a dismissal is pronounced because of parental leave, it can be challenged at the Labour and Social Court under certain circumstances (if the connection between the dismissal and parental leave can be proven). Such a dismissal would also be considered discriminatory within the meaning of the Equal Treatment Act .
TIP: In the event of a dismissal challenge, very short deadlines apply. In the event of such a dismissal, contact your trade union or Chamber of Labour immediately.
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