Returning to work after parental leave: How to secure your rights!

Returning to work after parental leave: How to secure your rights!

In Cologne, everything is currently focused on the return of new parents to the world of work. Lawyer Sonja Willfahrt gives valuable tips on how parents can optimally plan their return to work and part-time work after the birth. A central concern of Willfahrt is to point out to parents that they should think about their return to work early on so as not to miss out on possible opportunities. Particularly important are the issues of daycare space requirements, part-time work and child sick days, which can have a major influence on career planning, according to the lawyer.

But how does re-entry actually work? Like the term “parental leave”, the employment relationship for mothers and fathers is suspended during their time at home. This means that an upcoming return to work should be well planned. An application for parental leave must be submitted to the employer at least seven weeks before the planned start. After the birth you only have a week to take this step. The parents receive support in this phase through parental allowance, which offers them a financial basis during the break. As familienportal.nrw explains, long breaks at work can increase the risk of losing touch, which is why it is advisable to look for flexible ways to stay in touch with superiors and colleagues.

Parental rights

Returning to work after parental leave often brings with it uncertainty. Parental allowance, the right to return and protection against dismissal are just some of the important issues that need to be taken into account. Parents have the right to return to their old job or receive an equivalent work area. They are also entitled to part-time work, which is usually between 15 and 30 hours per week. However, the corresponding application must be submitted in writing to the employer three months before the desired start of part-time work.

Another important aspect is protection against dismissal, which comes into force when you apply for parental leave and lasts until the end of parental leave. Termination can only be issued in exceptional cases and requires official approval. Parents should be aware that a smooth return to work can be achieved through gradual reintegration. This is usually done in consultation with the employer in order to make the return as pleasant as possible, as further training measures are often necessary for familiarization.

Protection against discrimination and enforcement of rights

Especially in times like these, it is crucial that parents are protected from discrimination based on their parental leave. The General Equal Treatment Act (AGG) and the Federal Parental Allowance and Parental Leave Act (BEEG) provide this legal framework. Nevertheless, it is often necessary to assert one's own claims in writing and, if necessary, to hold discussions with the works council or the unions to ensure that the parents' rights are protected.

Overall, well-thought-out planning is essential in order to successfully return to work after parental leave. The legal foundations, which are reflected in regulations such as the BEEG and the TzBfG, support parents in finding their way back into working life and in achieving a balance between work and family.

Further information can be found at the following links: ZVW, Family portal NRW and Labor law Siegen.