Parental leave and childcare allowance (Austria)

Paid Family Leave: Last Week Tonight with John Oliver (HBO) (September 2018).

What is the parental leave?

In Austria, parental leave is a period without continued payment of salary, which must be granted to you as a worker after the period of protection after birth. The grace period does not depend on a license from the employer if you comply with the registration deadlines.

""Parental leave"" is the generic term for a number of ways for parents to design the time after the birth of a child.

Basically, the Austrian legislature distinguishes between the maternity leave for mothers under the Maternity Protection Act (MSchG) and the parental leave for fathers according to the Parental Leave Act (VKG).

After the birth of your child, you are entitled to full allowance for the first two years. It begins after the protection period and ends at the latest by the end of the child's 2nd year of life. You can share your parental leave with your partner up to twice.

A special form is the ""Deferred Waiver"". Both parents have the option to defer 3 months of their leave until the age of 7 (school admission). Depending on whether the parental leave is postponed by one or both parents, it will be shortened until the child's 18th or 21st month of age.

Adoptive parents are also entitled to parental leave as soon as they have adopted the child to be adopted.

After the end of parental leave, you automatically return to your old full-time job, unless you agree in time with the employer on a part-time job or leave your employment.

What do I have to consider?

Please note the registration requirements and deadlines for parental leave. If the maximum duration is not announced at the first reporting date, it is possible to extend or divide the parental leave. In this case, the extension must be notified to the employer in writing no later than three months before the end of the first part of the leave. If you intend to use the deferred maternity leave, you must do this for your employer. B. Report three months before the desired time and await his approval.

Am I entitled to a part time job?

All parents have a right to change working hours and can reduce and / or change their working hours for a certain period of time. The prerequisites, maximum duration and the type of legal enforceability in your company are best clarified with an employee representative,

. You must notify your employer in writing about the part-time request - including start, duration and extent.Leave it at a verbal agreement, thereby losing your protection against dismissal and your right to return to the full-time job. Part-time work for fathers can begin at the earliest after the mother's employment ban and must be for a minimum of three months. However, part-time work can also be requested only after parental leave or at another date, but no later than three months before that.

With the consent of your employer you can also work in another company during parental leave or you can start a self-employment.

If you fail to obtain this consent, your employer may terminate your employment within eight weeks of becoming aware.

Termination and Withdrawal for the Birth of a Child

During the statutory maternity leave, ie no later than three months before the second birthday of your child, you have a right in an employment relationship that was established as of 1. 1. 2003 This also applies to a withdrawal within the protection period or during a part-time employment according to the maternity protection law or according to parental leave law and dismissal by the employer.You have the choice to have the severance pay to leave it in your employee pension fund or

If your employment relationship was established by 31.12.2002, the so-called ""severance pay"" will come into force if the existing employment relationship lasted longer than five years and the withdrawal during the protection period (mothers ) or at the latest three months before the end of the own part of the course. The father is only entitled to severance pay if he lives in the same household with the child. For any other, freely agreed waivers, this legal right does not apply. A demand from your employee representative is also recommended here.

Who gets what and how much?

Family allowance: A parent can apply for family allowance after the birth of the child at the local tax office, while the mother has the primary claim that she can forego in writing in favor of her father. The payment is made every two months in advance, the amount depends on the age and the number of children. The application can be submitted five years retroactively.

The Child Care Allowance is in principle open to anyone (except for exceptions) who is entitled to family allowance. The right to child care allowance applies from the moment of birth, but it is suspended when maternity pay is paid until it is paid in full. If the maternity pay is below the daily rate of the childcare allowance, the difference is settled.

Childcare allowance is only paid once, even if both parents are on parental leave at short notice.

It can be paid until the 30th month of life (with split parental leave until the age of 36).It should be noted that the employment law leave applies to a maximum of the 24th month of life. In principle, an extension of the grace period can be agreed with the employer until the end of the benefit entitlement - this should absolutely be requested in writing and it should include protection against dismissal. Here, too, a conversation with a worker representative is certainly useful to examine your personal situation. The recipients of the childcare allowance are covered by health and accident insurance during the entire period of benefits, however, they receive a maximum of 24 contribution months per child in the pension insurance.

Extra income during this time and also part-time is possible but is subject to income limits.

The following models are possible:

  • Income-related child benefit
  • Flat-rate short-term benefit of 1000. - Euro / month
    • Until 30/36. Month of child's life - 436.-Euro / month
    • Until 20/24. Month of child's life - 624. - / Euro / month
    • Until 15/18. Month of child's life - 800.-Euro / month

Income-dependent child allowance

The relative parent receives 80% of his average salary in the last 3 months before the beginning of the absolute employment ban (maternity pay) until the child's 12th month of age Partner 2 months, this period increases to 14 months. The minimum is 1000. - Euro (33.-Euro / day), the maximum 2000. - Euro (66.- / day) per month, with an additional income limit of 5.800. - per year

Refer to the limits of earnings on the income of the childminder, not the entire family income! However, this income is not limited to a possible sideline, but is the sum of all income of the applicant.

If the allowance limit is exceeded, it will no longer be necessary to repay the entire amount of the childcare allowance, but only the amount by which the income limit has been exceeded.

The recipients of a bridging loan (child allowance grant) have also been able to earn € 5,200 since 2008.

Attention: This grant must be added to the total income regardless of which parent gets it.

Flat-rate short-term benefit of 1000. - Euro / month

The relative parent receives 1000.-Euro per month until the child's 12th month of age. If the partner also makes use of this option, the term increases to 14 months. The Zuverdienstgrenze amounts to with this model on 16. 200. - Euro. This is monthly 1. 220. - Euro gross per reference month. If it is already clear that this earnings limit is exceeded, we can optionally earn an additional income limit up to a maximum of 60% of the income of the previous calendar year. The basis for the calculation is the income tax assessment.

Child Benefit for Single Parents

An improvement for single parents in cases of hardship such as death, residence in a nursing home, or domestic violence identified by the authorities. Similarly, if the other parent does not pay for child maintenance and the income of the lone parent under 1200. - Euro is: The flat-rate payment models, the cover is extended by two months.

The single-parent or single-earner deduction amount can be claimed from the tax office as part of the annual employee assessment.

For the calendar years in which a grace period begins or ends, we recommend that you apply for an employee assessment. Since maternity leave, parental leave or childcare allowance are non-taxable income, you can expect a credit from your tax office.

Where can I get more information?

Information can be obtained from your local health insurance provider or here:

Chamber of Labor

Female Advisor

Child Care Allowance

help. gv. at

Ministry of Family Affairs

Parental leave and parental allowance in Germany

This article informs you about your rights in Austria. If you want to know how things are in Germany, then go to our articles on parental allowance and parental leave.

Maternity Allowance in Switzerland

Even in Switzerland, mothers receive financial compensation for the loss of their workforce. Find out more in our articles on maternity and family allowances.

Sources

// www. bmwfj. gv. at /

// www. help. gv. at /

// www. Chamber of Labor. at /

// www. child care money. gv. at

// www. statistics. at

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