Change Of The Maternity Protection Act 1979 And The Fathers Parental Leave Act

Original Language Title: Änderung des Mutterschutzgesetzes 1979 und des Väter-Karenzgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_149/BGBLA_2015_I_149.html

149. Federal law that modifies the maternity protection Act 1979 and the fathers parental leave law

The National Council has decided:

Article 1

Amending the maternity protection Act 1979

The maternity protection Act 1979, BGBl. No. 221/1979, as last amended by Federal Law Gazette I no. 65/2015, is amended as follows:

1 the following paragraph 5 is added to § the 1:

"(5) free service workers within the meaning of § 4 para 4 of the General Social Insurance Act (ASVG), Federal Law Gazette § 3 and § 5 para 1 and 3 are no. 189/1955 to apply."

2. after article 10, paragraph 1, the following paragraph 1a is inserted:

"(1a) a notice is void until the expiration of four weeks after a recent miscarriage. Upon request of the service the service company has to submit a medical certificate about the miscarriage."

3. § 10 the following paragraph 8 is added:

"(8) the termination of a free service workers within the meaning of § 4 para 4 ASVG, spoken until four months after giving birth because of her pregnancy or an employment ban may be challenged in court within two weeks after said of termination. The free service employee has the ground for avoidance to make credible. The complaint is dismissed if at all things considered talks a higher probability, that another of the employer made credible motive for termination was crucial. The free service shall apply the termination upon themselves, so section 1162 b is ABGB, first sentence, to apply. In appeal proceedings, costs claims entitled to any party. On the basis of the equal treatment Act, Federal Law Gazette I no. 66/2004 remain unaffected."

4. 12 paragraph 1 the following sentence is added to §:

"As a dismissal is permitted until the expiration of four weeks after a recent miscarriage only with the prior consent of the Court."

5. in article 12, paragraph 3, the phrase "or miscarriage" is inserted after the word "Confinement".

6 paragraph 14 paragraph 2:

"(2) service workers, which shall not be employed in accordance with article 3 para. 3 and workers of service, for which on the basis of § 2 b, section 4, of Section 4a, section 5, subsection 3 and 4 or article 6 without any possibility of employment in operation, have to charge is entitled to a fee for its calculation is to apply paragraph 1 with the proviso, that in the case of § 3 paragraph 3 the average salary for the last 13 weeks prior to the introduction of the employment ban."

7 paragraph 15 paragraph 3:

"(3) the service shall has known beginning and duration of the maternity leave the employer until the end of the period of § 5 para 1 to give. The service employee can her employer no later than three months, but less than three months, takes the maternity leave not later than two months before the end of their maternity leave announce, extending the maternity leave and until when. The other parent is not entitled to parental leave, the service employee can take parental leave also at a later time. In this case she has known no later than three months prior to the commencement of the maternity leave to give her employer start and duration of the maternity leave. Notwithstanding the expiry of these time limits leave can be arranged according to para 1."

8 the following sentence is added to the section 15 paragraph 4:

"The other parent is not entitled to parental leave and the service employee takes parental leave at a later time, so the termination and dismissal protection begins with the announcement, but not before four months before the beginning of maternity leave."

9 section 15c para 2 No. 1 is:



"1. the maternity leave according to the § § 15 and 15a begins with the date of the adoption of a child instead of or the assumption in free care or after a maternity leave of the other parent, adoptive and foster parents part, in the case of § 15 ABS. 3 third sentence at a later date;"

10 paragraph 15 h para 1:

"§ 15 h." (1) the service shall have a claim on part-time at the latest until the end of the seventh year of life or a later School of the child, if



1. the employment relationship at the time of the commencement of part-time employment continuously took three years, 2. the service shall at that time in an operation (§ 34 labor Constitutional Act - ArbVG, Federal Law Gazette No. 22 / 1974) is concerned with more than 20 employees and service workers and 3 the weekly normal working hours by at least 20% is reduced and twelve hours not less than (bandwidth).

Start, duration, extent and location of the part-time employment are agree with the employer where the occupational interests and the interests of the service workers are taken into account. Service is entitled not to part-time employment during an including."

11 § 15i is as follows:

"§ 15i. The service condition, that no entitlement to part-time work according to § 15 para 1 or 4 h has, can with the employer a part-time employment including start, agree duration, extent, and location at the latest until the end of the fourth year of the child, in which the weekly normal working hours by at least 20% is reduced and is less than twelve hours (bandwidth)."

12 in section 15j para 2 the following sentence is inserted after the first sentence:

"This law is not forfeited h para 1 or § 15i pulling back a part time application according to § 15."

13. in section 15j para 5 and 6, the phrase "within the bandwidth according to § 15 h para 1 No. 3 or § 15i" each inserted after the bracket expression.

14 10 the following paragraph is added to section the 15j:

"(10) it comes to an agreement on a part time model outside of bandwidth, a part-time employment within the meaning of § is nevertheless 15 h or § 15i."

15 in § 15 k paragraph 1 is for the term "Part-time" the quote "according to § 15 para 1 h" added.

16. in article 15, l 1 is inserted after the word "Part-time" "according to § 15i" the quote.

17 § 20 the following paragraph 4 is added:

"(4) section 10 para 8 is to apply subject to the proviso that claims on the basis of the federal equal treatment Act (B-GlBG), Federal Law Gazette No. 100/1993, remain unaffected."

18. According to section 23, paragraph 9, the following paragraph 9a is inserted:

"(9a) the provisions on the bandwidth in part-time employment are LVG on contract teachers to VBG, land contract teachers under the land contract teacher Act 1966 -, BGBl. No. 244/1969, to apply with the proviso that the teaching load for a full employment or year standard by at least 20 per cent will be reduced number 172/1966, and the land and forestry land contract teacher law - LLVG, Federal Law Gazette and 30 vH doesn't go below."

19. in article 23, paragraph 12, the quote is "§§ 15 h and 15i" by the quote "§§ 15 h, 15i and 15j para 10" replaced.

20. in article 23, paragraph 16, the quote is "§§ 15i, 15 k, 15n para 2 last sentence and 15 p" by the quote "§§ 15i, 15j para 10, 15 k, 15n para 2 last sentence and 15 p" replaced.

Be added following paragraph 25 and 26 21 § 40:

"(25) § 1, para 5, § 10 par. 1a and 8, article 12, paragraph 1 and 3, § 14 para 2, § 15 par. 3 and 4, § 15c para 2 and § 20 paragraph 4 as amended by Federal Law Gazette I no. 149/2015 with 1 January 2016 into force."

"(26) § 15h para 1, § 15i, 15j, para 2, 5, 6 and 10, § 15 k para 1, § 15l para 1 as well as paragraph 9a, 12, and 16 as amended by Federal Law Gazette I no. 149/2015 section 23 with 1 January 2016 in force and apply to mothers (adoptive - or nursing mothers), whose children from this time born (adopted or taken in free care)."

Article 2

Amendment of the fathers parental leave act

The fathers parental leave act Federal Law Gazette No. 651/1989, as last amended by Federal Law Gazette I no. 65/2015, is amended as follows:

1. in article 1, the following paragraph 1a is inserted:

"(1a) this federal law applies also for the employment of a woman who is referred to in section 144, paragraph 2 and 3 of the General Civil Code, DL No. 946/1811, parent."

2. paragraph 2 paragraph 5:

"(5) the employee takes maternity leave at the earliest (2 or 3) claim he has known no later than eight weeks after the birth of the child beginning and duration of the maternity leave his employer to give. The workers can his employer no later than three months, but less than three months, takes the maternity leave not later than two months before the end of his leave, announce that he extended the cooling-off and by when. The mother is not entitled to parental leave, workers can take parental leave also at a later time. In this case he has known no later than three months prior to the commencement of the maternity leave to give his employer start and duration of the maternity leave. Notwithstanding the expiry of these time limits leave can be arranged according to para 1."

3. paragraph 5 paragraph 2:

"(2) in the case of adoption of a child's place, or in the case of § 2 5 the third sentence at a later date the maternity leave begins transferring in unpaid care with the date of adoption, the adoption or following a cooling-off of the other parent, adoptive and foster parents part,."

4. paragraph 8 section 1:

"Section 8 (1) of the workers shall be entitled to part-time at the latest until the end of the seventh year of life or a later School of the child, if"



1.

the employment relationship at the time of the commencement of part-time employment continuously three took years, 2. the workers at this time in an operation (§ 34 labor Constitutional Act - ArbVG, Federal Law Gazette No. 22 / 1974, or § 139 was 1984 - country labour law) is busy with more than 20 employees and workers and 3 the weekly normal working hours by at least 20% is reduced and twelve hours not less than (bandwidth).

Start, duration, extent and location of part-time work are to agree with the company interests and the interests of the employee are to take into account with the employer. Are not entitled on part-time employment during an including. workers"

5. paragraph 8a:

"Article 8a. The worker who has no claim to part-time employment according to article 8, paragraph 1 or 4, can with the employer a part-time employment including start, agree on duration, extent, and location at the latest until the end of the fourth year of the child, in which the weekly normal working hours by at least 20% is reduced and is less than twelve hours (bandwidth)."

6. in article 8, the following sentence is inserted after the first sentence para 2:

"This law is not forfeited by withdrawing a part time request according to article 8, paragraph 1 or § 8a."

7. in paragraph 8B paragraph 5 and 6 will each after the bracket expression the phrase "within the bandwidth according to § 8 paragraph 1 Z 3 or § 8a" inserted.

8 b is added the following paragraph 10 section 8:

"(10) it comes to an agreement on a part time model outside of bandwidth, a part-time employment within the meaning of article 8 or paragraph 8a is yet."

9. in article 8, c paragraph 1 is inserted after the expression "Part-time" "according to § 8 para 1" the quote.

10. in article 8 d, paragraph 1, the quote is inserted after the expression "Part-time" "according to paragraph 8a".

11. According to § 10 para 11, 11a the following paragraph shall be inserted:

"(11a) the provisions on the bandwidth in part-time employment are LVG on contract teachers to VBG, land contract teachers under the land contract teacher Act 1966 -, BGBl. No. 244/1969, to apply with the proviso that the teaching load for a full employment or year standard by at least 20 per cent will be reduced number 172/1966, and the land and forestry land contract teacher law - LLVG, Federal Law Gazette and 30 vH doesn't go below."

12. in section 10, paragraph 14, the quote is "articles 8 and 8a" by the quote "articles 8, 8a and 8B paragraph 10" replaced.

13. in article 10, paragraph 17, the quote is "sections 8a, 8 c, 8f para. 2 last sentence and 8 h" by the quote "sections 8a, 8B paragraph 10, 8 c, 8f para 2 last sentence and 8 h" replaced.

14 section 14 be attached following paragraph 17 and 18:

"I no. 149/2015 apply (17) § 1 ABS. 1a, § 2 para 5 and § 5 para 2 as amended by Federal Law Gazette with 1 January 2016.

"(18) § 8 para 1, § 8a, § 8b para 2, 5, 6 and 10, sec. 8c para 1, § 8 d paragraph 1 and paragraph 11a, 14 and 17 as amended by Federal Law Gazette I no. 149/2015 become article 10 with 1 January 2016 in force and apply to fathers (adoptive - or nursing fathers), whose children from this time born (adopted or taken in free care)."

Fischer

Faymann