Manage maternity protection and parental leave easily and in compliance with the law

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Employees with children are particularly protected by law. During pregnancy, women are entitled to maternity protection and therefore also protection against dismissal and redundancy. Furthermore, employment restrictions and bans apply.

In this blog post, we will briefly and concisely explain the two terms Maternity protection and Parental leave closer. And show you how the resulting personnel and absence management can be managed easily and clearly in HR software.

Maternity protection

The so-called Maternity protection (employment ban = protection period) applies eight weeks before to eight weeks after the delivery date. In the case of premature, multiple or caesarean births, the period is extended to twelve weeks.

Parental leave

As a mother or father, you are entitled to Parental leave. This begins after the end of the maternity protection period (usually eight weeks after the birth) and ends after the notified (=agreed) duration, but no later than the day before the child's second birthday. If parental leave is to be extended, this requires a written agreement with the employer, including a waiver of the right of termination.

Legal basis and implementation in the personnel cloud

In the Maternity Protection Act 1979 (MSChG) regulates provisions such as a ban on employment, protection against dismissal for pregnant women, maternity pay and continued payment of wages. For fathers, the Paternity Leave Act (VKG) provides for regulations regarding parental leave and part-time work.

According to the MSchG, employers must ensure that the health of expectant and breastfeeding mothers and the protection of children is guaranteed.

This includes reporting obligations to the labor inspectorate, compliance with employment bans and restrictions, protection against dismissal and redundancy, as well as the calculation of remaining leave. The latter is automatically aliquoted with our software when the leave is taken.

In addition, Personalwolke calculates by entering the planned date of birth of the child the beginning and end of maternity leave automatically. If the actual date of birth is then entered and supplemented by special features, e.g. premature birth, caesarean section, multiple birth, etc., the system calculates the maternity protection again automatically: premature birth, caesarean section, multiple birth, the system calculates the maternity protection again automatically. If maternity leave is also taken, the entitlement is also calculated automatically depending on the date of birth. Country-specific laws and regulations (e.g. Germany and Switzerland) can also be easily stored.