Changes to Maternity Protection Law - Relevance for students
Since 01.01.2018, the Maternity Protection Law (MuSchG) also applies to students during their studies. Here you can find general information about it, but talk to the responsible person in your faculty to find an individual solution for your studies.
Most relevant points:
The Maternity Protection Law applies to students if place or time of a study event are given or they have to do a obligatory internship during their studies.
In this case, a relative exam prohibition exists. Pregnant students are allowed not to participate in exams and events with compulsory attendance in the time frame from 6 weeks bbefore birth until 8 weeks after birth. They can actively abstain from this right.
More information about maternity leave can be found on this page.
Procedure in case of pregnancy:
1. Students contact the office of student affairs in written form (voluntary, but recommended; matriculation number, semester, delivery date)
2. The office of student affairs inform the trade supervisory authority, the secretary of the examination board and the womens' representative
3. The secretary of the examination board invites the student for a counseling interview (planning of lab courses etc)
4. Notification of the docent/lab course supervisor is recommended (risk assessment)
Studies and Career with Family
Students and staff caring for children or family members in the need of care in addition to their working time in the university, often need to balance between university and family. The department of chemistry tries to support as well as possible by offering flexible child care in the departmental nursery and by the offer of a break room.
Furthermore, in the following you can find information to all financial issues. There are hints to the maternity leave, child benefits and links to download the respective application forms. There is also information about TUM´s promotion offers and contact details to the relevant consulting agencies.
Having to take care of a family member at short notice throws up a number of questions. How can I ensure that my family member gets the best care possible? How can I reconcile my career or study with caring for my partner, parents or children? TUM helps to answer all your care-related questions and can offer you a range of support services. You can contact TUM.Family – Kids, Family and Elder Care Center in absolute confidence.
For parents studying or working at the university while caring for their children, a variety of support services is provided, like TUM&Studentenwerk day care centres or discussion groups for students with children.
Furthermore, the Students Service Centre offers consultancy for students with family duties relating to study financing and maternity leave. Please find more information and documents here.
If you need childcare during the school holiday and you want your child to take part in an interesting and fun holiday program, please see information to the Bewegte TUM-Ferien (on each campus).
If you are looking for a breast-feeding or nappy-changing room, please have a look on the TUM family friendly facilities.
Financing a family with children or family members in the need of care plays an important role. This is why TUM provides information about different possibilities of study financing and supporting family.
Students and staff with children can apply for parental and child benefits. Please see more information and documents here.
Furthermore, students and PhDs can receive scholarships like the Deutschlandstipendium which pays particular attention to social criteria like childcare.
More information can be found at the Stabsstelle Chancengleichheit.
The application can generally be done by a parent who has a residence or permanent dwelling. As children with respect to § 2 subpar. 1 Bundeskindergeldgesetz (BKGG) the following will be considered:
- biological children and first-degree related children (e.g. adopted children)
- stepchildren and grandchildren that were accepted into his household by the applicant
- foster children, who were accepted into the household as long as the legal requirements are fulfilled (the foster child may not be accepted for pecuniary reward but a family-like relationship has to exist over long time. It is important that no guardianship may exist with the biological parents)
Note to "Acceptance into household": the child has to be in the household continuously. Registration at the registration office or care on a daily basis is not sufficient as well as a joint care by biological parents and caretaker.
Foreigners living in Germany also have an clain to obtain german child benefit, as long as they have a settlement permit or other residence titles for specific purposes, that allow for the obtainment of child benefit. Members of EU countries and the European Economic Area can also obtain child benefit without settlement permit or other residence titles for specific purposes, as they are treated equally to German inhabitants.
To obtain child benefit, proof for the existence of the child is necessary as well as proof for the relation of the applicant to the child. If the birth of a child is reason for the application, the birth certificate has to be added. Since 01.01.2016 the tax identification number of parents and child has to be specified in the application.
The filling in and editing of the application is possible in written form and online. The respective forms can be found on the webpage of the Employment Agency.
The Department for Child and Family Services of the Employment Agency of the respective city are in charge of the application. For employees in public service and magistrates the child benefit will be paid by the "Besoldungsstelle".
In the following you can find the relevant links for the application forms:
Appendix child (necessary for every child)
Appendix foreign country (if at least one parent lives in a foreign country)
All women who are employed or in an apprenticeship, have a special protection during pregnancy and after birth: the Maternity Protection Law (MuschG). It protects mothers from dismissal and (usually) from temporary income decrease. Additionally, it aims on protecting the health of mother and child from risks at the workplace.
The maternity protection period usually starts six weeks before the calculated due date and ends eight weeks (exception: multiples and premature births) after birth.
If you are pregnant, inform your line manager (orally). If possible, send a copy of your maternity record (with probable due date) with name and address to the Corporate Personnel at your campus. Afterwards you will receive an information letter with the date of leave of absence. The relevant application forms for child benefit and parental leave will be sent to you.
After expiry, of the maternity period, the possibility exists to apply for parental benefits („Elterngeld/ElterngeldPlus) and parental leave according to according law (BEEG) provided that employment exists further on. Period claimed: The claim on parental leave exists to until the child´s 3rd birthday, the maternity period will be taken into account. A part (up to 12 monthes) can be used between the child´s 3rd and 8th birthdays. For children born until July 30th 2015, the old legal status for transmission period is obtained. Then (with agreement of TUM), a part up to 12 months can be transferred to the time until the child´s 8 birthdays. Each parent can demand parental leave, independently on the extent the partner is using the parental leave. Parental leave can also be used as single months or weeks. The parental leave of the father can start with the birth of the child already during the maternity period of the mother. A premature termination of the parental leave is possible only with the agreement of the employer.
Application and deadlines:
If the parental leave shall follow the maternity period, the application form needs to be proposed at TUM (Zentralabteilung 1) by latest 7 weeks before start of parental leave. The application needs to include a concrete statement for which time periods within the two years’ parents leave. Each parent can distribute his or her parental leave on up to three time periods, further distribution is only possible with employer´s agreement. For the period between a child´s 3rd and 8th birthday, the parental leave needs to be applied for by latest 13 weeks before starting. The claim for parental leave is not directly linked to the parental benefits (Elterngeld/ElterngeldPlud).
Working part time while being on parental leave:
When being on parental leave, one can work part time without affecting the parental benefits (working hours below 30 hours per week). This can also be done at an employer other than TUM but needs agreement by TUM before starting.
Parental benefits (Elterngeld/ElterngeldPlus):
Parental benefits (Elterngeld/ElterngeldPlus) need to be applied for at the governmental agency „Zentrum Bayern Familie und Soziales“. They inform about the respective amount and period, and further related questions. Impact of parental leave on employment (without part time working): Period of employment: While parental leave rights and obligations recline. Thus, the period of employment subsists regarding the collective bargaining law.
For each full month of parental leave, the holiday is shortened by one/twelfth. If the holiday has not been taken (fully or only partly) before starting the parental leave, the rest will be granted after ending the parental leave in the current or following year. If the employment ends during parental leave, the holiday needs to be compensated.
As from the moment on when parental leave was asked for (with a maximum of 8 weeks before starting the parental leave) as well as while the parental leave, the employer may not sign off someone. In special cases, signing off may be allowed. The job protection also persists if part time working while parental leave is performed (with the same employer). There is also job protection while parental leave between the child`s 3rd and 8th birthday, even 14 weeks before the start of the parental leave. The employed person can only sign off the contract at the end oft he parental leave with a period of notice of 3 months.
Terminable contracts do not extend by parental leave in general. Parental leave can only be granted until the end of a terminable contract by longest. If there are possibilities of further employment for academic staff resulting from family policy aspects, the respective persons in the Human Resources Department will inform. While parental leave, there is no re-compensation.
Retirement pension supplement („VBL-Zusatzrenten“):
There might be retirement pension supplement disadvantages following the parental leave. Please inform yourself individually by consulting with the respective person in charge of VBL.
More information can be found here.
During parental leave, parental allowance can be requested by using this form.
TUM offers advice
TUM Consulting on different possibilities of study financing like BAföG, credits, grants: fees and financial aids.
Scholarships, TUM specific and non-specific such as the Deutschlandstipendium and an online service for funding opportunities are listed here.
The Studentenwerk offers support for students with children by childcare centers, flexible child care, discussion groups and housing. TUM offers for striking a good balance between family life and career can be found here.
More information about working at TUM with a family can be found at the Stabsstelle Chancengleichheit.
Advice centers for carers for family members are listed here.