Information for employees on the occasion of the birth
The personnel officer in the respective department is responsible for answering any questions that may arise. Only the most important principles can be outlined below.
Further information can be found in the RoadMap KarenzManagement, which provides information on the topics of time-out and parental leave management: parental leave from pregnancy, maternity leave to part-time parental leave and returning to work, as well as on the topic of care leave: https://karenzplanung.tuwien.ac.at, opens an external URL in a new window
- Recreational leave: In order to avoid a disadvantage, recreational leave must be taken before or immediately after the protection period, provided that this is acceptable for official reasons. Civil servants can only take on a replacement from the start of maternity leave.
- You can apply for baby equipment at the Magistrat Department 11.
- Notification of birth: In order to meet the deadline for the award of the child allowance, the birth must be reported within one month by submitting a copy of the birth certificate and the completed Declaration of Child Allowance form.
- Maternity leave: Maternity leave begins immediately after the protection period or after any leave taken after the protection period. Maternity leave lasts for a maximum of 2 years after the birth. Notification of maternity leave and, if applicable, an application for leave must be submitted within the protection period. Please use the following forms: Notification of maternity/paternity leave and, if necessary Vacation message.
- Remuneration during the protection period: You will continue to receive your salary during the protection period: As a civil servant you will receive your monthly salary (salary and allowances), as an employee under the VBG you will receive a weekly allowance from the BVAEB. However, any additional fees will be discontinued.
- The childcare allowance you must apply to the Insurance Institution for Public Employees, Railways and Mines (BVAEB) as soon as possible after the birth (no later than 6 months after the birth of the child). If your entitlement to childcare allowance ceases before the child reaches the age of 2, you must submit a written notification to your responsible personnel administration department, as the employer must register with the BVA from this point onwards. You can find more information at www.bvaeb.sv.at.
- Health insurance: During the protection period, during maternity leave until the child reaches the age of 2 and while receiving childcare allowance, you are insured with the Insurance Institution for Public Employees, Railways and Mining (BVAEB).
- Sole earner deduction, family allowance: If you wish to claim the sole earner/single parent deduction, you must complete form E 30, which is available at the tax office, and submit it to the payroll department. You apply for the family allowance directly at the tax office.
- Prohibition of overtime work: According to § 8 of the Maternity Protection Act, the daily working time may not exceed nine hours and the weekly working time may not exceed 40 hours.
- Prohibition on carrying out hazardous work: According to § 4 of the Maternity Protection Act, you may not be employed in heavy physical work or in work which, due to the nature of the work process or the working materials or equipment used, is harmful to your body during pregnancy or to the expectant child.
- Termination of employment with severance pay: According to § 26 (3) of the Salary Act 1956, you are entitled to severance pay if you voluntarily leave your employment within six months of the birth of your own child or if you voluntarily leave your employment no later than three months before the end of parental leave in accordance with the MSchG..
- The weekly allowance (= health insurance benefit during the protection period) can be claimed by you from the BVAEB with the "confirmation of employment and remuneration" automatically sent to you by the Payroll Department. The confirmation from the BVAEB must be forwarded to the department.
- The baby equipment: apply to the Magistrat Department 11.
- Notification of birth: Please send a copy of the birth certificate to your responsible HR department as soon as possible.
- Maternity leave:The notification of maternity leave and, if applicable, a request for unused vacation leave must be submitted within the protection period. Please use the following forms:Notification of maternity/paternity leave and, if necessary, Vacation notification.. To avoid a disadvantage, any unused leave must be taken before or immediately after the protection period. Parental leave begins immediately after the protection period or after any leave taken after the protection period. For births from 01.11.2023, the entitlement to 24 months parental leave according to MSchG or VKG only exists if two months are actually taken by the second parent. If only one parent takes parental leave, the possible duration is reduced to 22 months. There is an exception for single parents. They can continue to take parental leave until their child reaches the age of two.
- The childcare allowance must be applied for as soon as possible after the birth (no later than 6 months after the birth of the child) at the Insurance Institution for Public Employees, Railways and Mines (BVAEB). If your entitlement to childcare allowance ceases, you must submit a written notification to your responsible personnel administration department, as the employer must register with the BVA from this point onwards. You can find more information at www.bvaeb.sv.at.
- Health insurance: During the protection period, during maternity leave until the child reaches the age of 2 and while receiving childcare allowance, you are insured with the Insurance Institution for Public Employees, Railways and Mining (BVAEB).
- Sole earner deduction, family allowance: If you wish to claim the sole earner/single parent deduction, you must complete form E 30, which is available at the tax office, and submit it to the payroll department. You apply for the family allowance directly at the tax office.
- Prohibition of overtime work: According to § 8 of the Maternity Protection Act, the daily working time may not exceed 9 hours and the weekly working time may not exceed 40 hours.
- Prohibition on carrying out hazardous work: According to § 4 of the Maternity Protection Act, you may not be employed in heavy physical work or in work which, due to the nature of the work process or the working materials or equipment used, is harmful to your body during pregnancy or to the expectant child.
General:
- Recreational leave: In order to avoid a disadvantage (statute of limitations), recreational leave must be taken before paternity leave - assuming it is acceptable for the job.
- Health insurance: During paternity leave until the child reaches the age of 2, you are insured with the Insurance Institution for Public Employees, Railways and Mining (BVAEB).
Modalities:
- The father can take parental leave until the child reaches the age of 2 if he lives with the child in the same household.
- It is not permitted for both parents to take parental leave at the same time.
- If the mother is entitled to parental leave, paternity leave begins at the earliest at the end of the mother's employment ban after the birth of the child or, if the mother is not entitled to parental leave, at the earliest at the end of 8 weeks or, in the case of premature, multiple or caesarean births, 12 weeks after the birth.
- Paternity leave must last at least 2 months.
- If you take paternity leave after the end of the employment ban, you must submit the notification of paternity leave and, if applicable, a request for leave within the protection period. Please use the following forms: Notification of maternity/paternity leave and, if necessary, Vacation notification.
- You can inform TU Wien at the latest three months before the end of your maternity leave, but if your maternity leave lasts less than three months, at the latest two months before the end of your maternity leave, that you wish to extend your maternity leave and until when.
- If you take maternity leave following maternity leave, you must inform TU Wien of the start and duration of your maternity leave at least 3 months before the end of the maternity leave. However, if the mother's parental leave following the employment ban is less than 3 months, the start and duration of your parental leave must be notified no later than the end of the employment ban.
- The maternity leave ends prematurely if the shared household with the child is terminated and TU Wien requests the early commencement of employment.
- The maternity leave can be shared up to 2 times between the parents and can be taken alternately with the mother. One part of the leave must be at least 2 months.
- If the caregiver changes for the first time, you can take parental leave for one month at the same time as the mother.
- End of parental leave for civil servants: If the civil servant father's shared household with the child is terminated, the civil servant's parental leave ends. From this point onwards, the civil servant father is deemed to be on leave with loss of pay until the end of the leave originally granted under the VKG. However, if requested by TU Wien, the civil servant must return to work early.
- Beendigung des Dienstverhältnisses mit Abfertigung bei Beamten: According to § 26 (3) of the Salaries Act 1956, a civil servant is entitled to severance pay if he voluntarily leaves the employment relationship within six months of the birth of his own child or if he voluntarily leaves the employment relationship before the end of a maternity leave under the VKG.
- Termination of employment with severance pay for employees in accordance with VBG: In the event of intended termination of employment, employees are entitled to severance pay in accordance with § 84 (3) VBG if they give notice within 6 months of the birth of the child or at the latest 3 months before the end of paternity leave.
- Content of parental part-time work: With this entitlement, you can request a reduction in your previous working hours or a change in the position of your previous working hours.
- Eligibility requirements:As an employee of TU Wien, you are entitled to part-time employment until your child reaches the age of 7 or starts school at a later date at the latest if your employment relationship with TU Wien has already lasted 3 years without interruption at the time you start part-time employment and you live with the child in the same household or have custody of the child and the other parent is not on parental leave at the same time. The following applies to applications from 01.11.2023: The possible total duration of part-time parental leave does not change, but it can be taken up to a maximum of the child's 8th birthday if you start later
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Earliest part-time employment: You can start part-time employment at the earliest at the end of the mother's employment ban after the birth of a child or - if the mother is not an employee - at the end of 8 weeks or, in the case of premature, multiple or caesarean births, 12 weeks after the birth. TU Wien must be notified in writing of the duration, extent and location of the part-time employment no later than 8 weeks after the birth of the child. This notification period also applies if there are less than 3 months between the end of the employment ban and the start of the intended part-time employment.
- Utilization at a later date:If you intend to take up part-time employment at a later date, you must give written notice of your intention to take part-time parental leave at least 3 months before the intended start date. This written notification must include the start of the part-time employment, the duration of the part-time employment, the extent of the part-time employment (number of hours per week), the location of the part-time employment (start and end of daily working hours, designation of working days). If the part-time employment is intended to start immediately after the end of the maternity allowance, the written notification must be submitted no later than 8 weeks after the birth.
- Duration of part-time employment: The part-time employment must last at least 2 months.
- Change in the position of working hours: Once part-time work has been agreed, you can change the part-time work (extension, change of extent or location) once and request early termination of the part-time work.
- Premature termination of part-time employment:Part-time employment ends prematurely if you take parental leave or part-time employment for another child.
A) The following applies to civil servants:
Eligibility requirements: As a civil servant, you are entitled to part-time employment until your child reaches the age of 8 or starts school at a later date.
Extent and location of part-time employment and modification:
- Part-time employment shall be granted to the extent of a reduction to half of the weekly working hours envisaged for full-time employment. In this case, the remaining regular weekly working hours may not be less than half of the regular weekly working hours required for full-time employment and must be less than the regular weekly working hours required for full-time employment.
- Part-time employment is to be granted for less than half of the weekly working hours envisaged for full-time employment for the requested duration during which the mother or father is entitled to childcare allowance.
- The extent of the reduction must be determined in such a way that the remaining regular weekly working time comprises a whole number of hours.
- At the request of the civil servant, TU Wien may order a change in the extent or premature termination of part-time employment if there are no important official interests to the contrary.
Termination of employment with severance pay: In accordance with § 26 (3) of the Salaries Act 1956, a civil servant who voluntarily leaves the employment relationship during part-time employment in accordance with the MSchG or the VKG is entitled to severance pay.
B) For employees according to VBG applies:
- Termination of employment with severance pay: In the event of intended termination of employment, employees are entitled to severance pay under the VBG if they resign during part-time employment under the MSchG or VKG.