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Old 01.12.2016, 13:38
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Termination of Employment after Maternity Leave

Hi,


I looked through the forum but can't really find the answer I'm looking for.


I'll be giving birth in May - meaning 14 weeks paid maternity leave and I will also be taking my 20 days of vacation from 2017 all at that time.


I plan on not returning to work after that is over, my notice period is 2 months. When should I inform my employer that I'm not returning? This is mostly because I will be wanting to look for something else, I was already looking prior to getting pregnant but decided to stop once I found out.
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Old 01.12.2016, 14:03
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Re: Termination of Employment after Maternity Leave

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Hi,


I looked through the forum but can't really find the answer I'm looking for.


I'll be giving birth in May - meaning 14 weeks paid maternity leave and I will also be taking my 20 days of vacation from 2017 all at that time.


I plan on not returning to work after that is over, my notice period is 2 months. When should I inform my employer that I'm not returning? This is mostly because I will be wanting to look for something else, I was already looking prior to getting pregnant but decided to stop once I found out.
I'll leave your question to others, but be aware that if your employment ends in 2017, you may not have a full 20 days; they will be prorated, so if you leave at the end of November, you'll have 11/12ths of your 20 days (18 and one third). They can deduct that from the final month's salary.

Worth being aware of.
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Old 01.12.2016, 14:21
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Re: Termination of Employment after Maternity Leave

Just a comment. If you are planning to obtain RAV unemployment compensation after your maternity leave is over, assuming that you are otherwise eligible for it, you might consider reaching a "mutual agreement" (gegenseitige Vereinbarung) with your employer two months prior to the completion of your maternity leave, so that your employment would end at the end of the maternity leave. This would help to avoid RAV penalty days that would occur if you resign the position on your own. (RAV considers resigning a position without having another one to be a serious infraction with a penalty 31 to 60 work-days.)
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Old 01.12.2016, 14:50
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Re: Termination of Employment after Maternity Leave

OK haven't had too much experience with pregnant employees, but I'll give it a shot:

Option 1: hand in notice some time during maternity leave, under consideration of when that leave ends. E.g. if birth is in May, add 14 weeks to that, and your maternity leave will end some time in September -> 2 months notice period -> hand in notice by the end of July.

Option 2: hand in notice by the end of maternity leave, i.e. by the end of September. Here, however, you need to make yourself available to work during the notice period. They may waiver that and send you on garden leave, but still, you need to be prepared for either outcome.

The above two have implications on RAV, if you intend to look for a new job and claim unemployment money while doing so.

Option 3: you can simply have an open discussion with the employer and terminate the contract upon mutual agreement per the last day of maternity leave or any date after that.

Whatever you do: do not hand in notice before giving birth.

As others say, your vacation days will be pro-rated, i.e. if maternity leave ends in September and you quit by that time, you will get 9/12 of your annual vacation days.
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Old 01.12.2016, 14:50
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Re: Termination of Employment after Maternity Leave

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I'll leave your question to others, but be aware that if your employment ends in 2017, you may not have a full 20 days; they will be prorated, so if you leave at the end of November, you'll have 11/12ths of your 20 days (18 and one third). They can deduct that from the final month's salary.

Worth being aware of.
Yep, you definitely won't get 20 days holiday if you don't work all of 2017. 20 days holiday equates to 1.66 days per month worked.
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Old 01.12.2016, 15:00
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Re: Termination of Employment after Maternity Leave

Just to build on that whole vacation discussion: during maternity leave, there will be no reduction of vacation days (contrary to e.g. reductions in the case of long-term sickness). So for the 14 weeks, OP is entitled to the same # of vacation days as if she were working.

No idea how much the annual vacation allowance would be though, in OP's specific case that is. I too assume the 20 days refer to the full year, but you never know.
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Old 01.12.2016, 15:22
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Re: Termination of Employment after Maternity Leave

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OK haven't had too much experience with pregnant employees, but I'll give it a shot:

Option 1: hand in notice some time during maternity leave, under consideration of when that leave ends. E.g. if birth is in May, add 14 weeks to that, and your maternity leave will end some time in September -> 2 months notice period -> hand in notice by the end of July.

Option 2: hand in notice by the end of maternity leave, i.e. by the end of September. Here, however, you need to make yourself available to work during the notice period. They may waiver that and send you on garden leave, but still, you need to be prepared for either outcome.

The above two have implications on RAV, if you intend to look for a new job and claim unemployment money while doing so.

Option 3: you can simply have an open discussion with the employer and terminate the contract upon mutual agreement per the last day of maternity leave or any date after that.

Whatever you do: do not hand in notice before giving birth.

As others say, your vacation days will be pro-rated, i.e. if maternity leave ends in September and you quit by that time, you will get 9/12 of your annual vacation days.


Thanks, I will probably go with option 3. Would this have any negative implications with RAV?
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Old 01.12.2016, 15:55
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Re: Termination of Employment after Maternity Leave

OP, make sure you still have 2 months notice in the middle of next year, not just now. (not relevant if you chose option 3 above, obviously)

If you fall ill during maternity leave, does that extend the 14 weeks? Would it make a difference if OP at that time had already quit?
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Old 01.12.2016, 16:40
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Re: Termination of Employment after Maternity Leave

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TWould this have any negative implications with RAV?
It depends; there's no clear rules in this case. It may well be interpreted as you having resigned yourself and you'd be "punished" accordingly. In your situation, that is actually quite likely. If you're lucky, they'll read it differently. There's no way to tell right now.

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If you fall ill during maternity leave, does that extend the 14 weeks? Would it make a difference if OP at that time had already quit?
No to both.

If OP is still sick by the time she would need to go back to work, the normal sick leave regulations will come into play.
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