# Maternity Leave



## jenx

Hi there,

We're moving to Munich from France in a couple of months. I've heard that a new maternity leave law is coming into effect around August giving the mother paid 12 month leave at 75% salary. Though I can't seem to find much info about it.

Can anyone confirm this for me?

Cheers


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## vronchen

i haven't heard anything about that, but it would not be such a big change to the current rule (up to 65-67% for up to 14 month).


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## jenx

Hi and thanks for your response. That's funny as they say on the Web that maternity leave in Germany is currently only 14 weeks at 100%?


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## vronchen

there are different types of maternity leaves in germany.
there is Mutterschutz (they might call it differently now): here the mother cannot work 6 weeks before and 8 weeks after the child is born (=14 month) and is paid 100% of her salary (by your employer and the health insurance).
and there is Elternzeit: mother/father can take it for up to 3 years. it's like a leave of absence at your job. your employer does not pay you during this time, but you can get Elterngeld for 12 month (or 14 month if both father and mother take time off or single mother) and you are paid 67% of your salary (but max 1800). this is not paid by the employer, it's paid by the state bank of the state you are living in.


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## jenx

Thanks very much for your detailed answer. So is it the employer or employees choice as to which type of maternity leave can be taken?


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## vronchen

the mother usually takes off the 14 weeks for sure. As far as I know the 8 weeks after the baby is born are mandatory and the 6 weeks before the baby is born are optional (up to the mother). for the additional time (Elternzeit) it is up to the employee (mother/father). as far as I know the employer can not make you take it and can also not forbid it. you just have to tell your employer at least 7 weeks in advance when and how long you will be missing.


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## ALKB

jenx said:


> Thanks very much for your detailed answer. So is it the employer or employees choice as to which type of maternity leave can be taken?


Just some additional info:

There is no legal right to a nursery/daycare/Kindergarten place for under-three-year-olds, as you are entitled to up to three years of maternity leave. It ca be very difficult to get daycare for children under three years depending on the area you live in. 

Your employer needs to hold your job for you but can ask you to do different tasks, work in a different place (desk, building, even town if the company has moved meanwhile), etc. after your maternity leave.

The 65%-ish % pay during the first year of maternity leave can also be split in half and would then be paid out over two years. Salary from within the EU (and some other countries with which treaties exist) count towards this.


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