116. Federal Law, with which the Child Care Money Act, the Fathers Karenz Act, the Maternity Protection Act 1979, the Operational Staff and Self-Employment Welfare Act, the Landarbeitsgesetz 1984, the Employees Act 1921, the Gutsangestelltengesetz (German Act on the Protection of the Child) 1923, the General Social Security Act and the Labour and Social Justice Act are amended

The National Council has decided:

Article 1

Amendment of the Child Care Money Act

The Child Care Money Act (KBGG), BGBl. I n ° 103/2001, as last amended by the Federal Ministries of State Law 2009, BGBl. No. 3 and the Federal Law BGBl. I n ° 24/2009, shall be amended as follows:

1. § 1 reads:

§ 1. " As benefits are granted in accordance with this Federal Law:

1.		the flat-rate child care allowance in four variants;
2.		the childcare allowance as a substitute for earned income;
3.		the aid for the flat-rate childcare allowance. "

2. The heading of Section 2 is:

"Pauschales childcare allowance"

3. § 2 para. 1 Z 3 reads:

" 3.		the total amount of the relevant income (§ 8 para. 1) of the parent in the calendar year does not exceed the absolute limit of 16,200 € or the higher individual limit of the limit according to § 8b, "

4. The following paragraph 6 is added to § 2:

" (6) A common household within the meaning of this Act shall be available only if the parent and the child are also registered in the same address as their principal place of residence. In any event, the common budget shall be deemed to be dissolved in the case of more than three months of actual or foreseeable duration of the absence of the parent or of the child. "

5. § 3a (1) first sentence reads:

"In the case of multiple births, the child care allowance for the second and each additional child increases by 50% depending on the type of performance (§ § 3, 5a, 5b or 5c) according to § § 3 (1), 5a (1), 5b (1) or 5c (1) of the German Law."

6. § 3a (2) and (3) are:

" (2) In the case of a new entitlement to child-care allowance for another child, without prejudice to § 5 (5) of the supplement according to paragraph 1, depending on the type of performance chosen (§ § 3, 5a, 5b or 5c) up to the maximum of the completion of the 36th, 24th, 18th, 18th, 18th, 18th, 18th, 18th, 18th and 18th, respectively, the following: or 14. Life months of the multilingskindes.

(3) For the second or additional multi-child, those in § 7 (2) or (2) (2) shall be If the parent-child passport examinations provided for are not proven, the surcharge for this multi-child shall be reduced according to the type of performance selected for the multiple children (§ § 3, 5a, 5b or 5c) as per para. 1 from 25, 17, 13, 13. or 10. Life month by 50%. "

7. In § § 5 (2), 5a (3) and 5b (3) (3) the following sentence is added:

"As claimed, only periods of actual performance of the service shall apply."

8. In § 5 (4) the word "Three" by the word "two" replaced.

9. The following paragraphs 4a and 4b are inserted in § 5:

" (4a) If a parent is due to an unforeseeable and unpredictable event, the duration of which will result in the loss of the common household with the child, depending on the variant selected from the 30. (§ 5 para. 2), 20. (Section 5a (3)), 15. (§ 5b para. 3) or 12. (§ 5c para. 3 and § 24b) The child's life month in relation to the child care allowance for this child is prevented, so the maximum extent of the reference period of the other parent is extended during the period of prevention on request by the number of Prevent days, but not more than two months. An unpredictable and unwavable event is only available at:

1.		Death,
2.		A stay in a nursing and nursing home,
3.		Legal or official domestic violence, as well as a stay in the women's house due to domestic violence,
4.		Serving a custodial sentence, as well as any other means of detention based on judicial or administrative order.
The extension period shall end at the latest with the 32nd, 22nd, 17, depending on the variant selected. or 14. Life month of the child. If the prevented parent has already received childcare allowance for this child, his reference period shall be credited to the extension period of the other parent. The other parent has to announce the beginning and (probable) duration of the prevention of the prevented parent, and to prove the circumstances of the claim. The extension after this paragraph shall end in the case of premature end of the prevention. The elimination of the common household with the child must be accepted only if the event is not only temporary (§ 2 para. 6). The elimination of the common household with the child must be equated with the omission of the common household with the woman pregnant with this child. There is no right to an extension, provided that the non-prevented parent enters into a marriage or a non-marital community with a person other than the child's mother or child's father.

(4b) An extension within the meaning of paragraph 4a shall also take place if a single parent (Section 11 (1)) has filed a request for the child's allowance for the child to be determined, but no longer has yet to be paid. actual maintenance, provided that during the last four months before the extension and during the two renewal months the income of the single parent in the monthly average does not net the amount of 1,200 € net exceeds. From a third person and another person living in the common household, for which a legal or moral duty is paid by the sole parent, this amount will be increased by € 300 net per month. Income includes all income according to § 2 para. 3 EStG 1988, benefits from statutory and voluntary pension insurance, benefits from unemployment insurance, the child care allowance act, the family allowance, the Income support as well as income-related or state-regulated subsidies and grants (e.g. social assistance). The income situation of the last four months has already been proved at the time of the application, and the credibility of the credibility is sufficient for the extension period. "

10. In accordance with § 5b the following § 5c is inserted:

" § 5c. (1) By way of derogation from § 3 (1), the child care allowance is € 33 per day, provided that it is claimed as a short-term benefit within the meaning of paragraph 3 in the course of the application.

(2) If the mother-child-passport examinations provided for in § 7 (3) are not proven, the child care allowance shall be the short-term benefit in the amount of the para. 1 from the 10. Life month of the child 16.5 € daily.

(3) If only one parent is entitled to receive child care allowance as a short-term benefit in the amount of paragraph 1, this shall be due at the latest to the completion of the 12. Life month of the child. If the second parent is also entitled to this benefit, the duration of the claim shall be extended by the completion of the 12. In addition to the period of time which the second parent claims, however, the maximum period of time until the completion of the 14. Life month of the child. Only periods of actual performance of the service shall be considered as claimed.

(4) In the case of a multiple birth, the application shall apply independently of paragraph 1 (3a). "

Article 6 (2) reads as follows:

"(2) The entitlement to child care allowance for a child shall not be the case for the father, provided that the mother is entitled to a claim in accordance with paragraph 1 on the occasion of the birth of another child."

Article 7 (3) reads as follows:

" (3) entitlement to child care allowance as short-term benefit

1.		pursuant to Section 5a (1) and (3a) (1) of the 17. Month of Life
2.		pursuant to Section 5b (1) and (3a) (1) of the 13. Month of Life
3.		pursuant to Section 5c (1) and Section 3a (1) of the 10th paragraph of this article. Month of Life
if five examinations during pregnancy and another five examinations of the child up to the age of 14. The month of life shall be made in accordance with the Regulation referred to in paragraph 1. The first nine examinations must be carried out at the latest by the end of the 10th. Life months of the child and the 10. Examination must be carried out at the latest by the end of the 18 The child's life month is demonstrated by the submission of the appropriate examination confirmations. "

13. In § 7 (4), the turn "in accordance with § 3 (1), § 5a (1), § 5b (1) and § 3a (1)" through the turn "in accordance with § 3 (1), § 5a (1), § 5b (1), § 5c (1) and § 3a (1)" replaced .

14. § 8 together with headline reads:

" Total amount of relevant income

§ 8. (1) Income tax income is the income according to § 2 para. 3 Z 1 to 4 of the Income Tax Act 1988 (EStG 1988), BGBl. No. 400. The total amount of the relevant income (§ 2 para. 1 Z 3) is to be determined as follows:

1.		To the extent that the total amount of the relevant income includes those from non-self-employed work (§ 25 EStG 1988), it is to be assumed that the income during the calendar months is based on the entitlement to the payment of the child care allowance. (Claims period) and are to be assigned to this period in accordance with § 19 EStG 1988. Other references within the meaning of § 67 EStG 1988 remain out of approach. The amount determined thereafter shall be increased by 30% and shall be converted to an annual amount. If the right to payment of the child care allowance is made for more than half of the calendar month, this calendar month shall be counted as a whole for the claim period, otherwise this calendar month shall not be included in the claim period. The unemployment benefit and the emergency aid shall be deemed to be income from non-self-employed work, and by way of derogation from the penultimate sentence, the amount determined shall be increased by 15%. Benefits of the same kind remain out of approach. The income tax-exempt under international law and the references to be paid to a Member of the European Parliament or to his survivors pursuant to Article 9 of the Statute for Members of the European Parliament shall be subject to the following: To determine the total amount of the relevant income, such as taxable income.
2.		Other relevant income (Sections 21 to 23 of the EStG 1988) shall be taken into account by the amount involved in the calculation of the income for the calendar year concerned. Income from operations, which is the basis for compulsory contributions in statutory social security, are the contributions prescribed in the calendar year concerned to the statutory social security system. If an actuation is terminated before the commencement of the period of claim (Z 1) or commenced after the end of the period of the claim period, the income derived from such an activity shall remain out of approach. If it is shown to what extent income is incurred before or after the end of the period of the claim period, only those income which have been incurred during the period of the claim period shall be taken into account. In the case of such a proof, the revenue incurred during the period of the claim period shall be converted to an annual amount. Z 1 fourth sentence shall apply.

(2) If the right to child care allowance or the entitlement to the allowance for a flat-rate childcare allowance is waived (Article 2 (5) and § 9 (4)), the income obtained during the period of the waived shall remain in the determination of the child's allowance. Total amount of the relevant income referred to in paragraph 1 except for the approach. "

Article 8a (1) and (2) reads as follows:

" (1) The total amount of the relevant income in accordance with § 8 exceeds the limit according to § 2 para. 1 Z 3 or § 24 (1) (3) (3), the child care allowance due for the calendar year in question shall be reduced by the excess amount.

(2) In the event that the total amount of the relevant income in accordance with § 8 exceeds the limit according to § 9 (3) or § 12, the allowance for the flat-rate childcare allowance due for the calendar year in question shall be reduced by the sum of the surging costs. amounts, provided that both marginal amounts are exceeded by no more than 15%. In the event of exceeding only a limit of more than 15%, the total amount of aid in the calendar year shall be repaid. "

16. In accordance with § 8a, the following § 8b and title shall be inserted:

" Individual Limit

§ 8b. (1) The individual limit shall be 60% of the total amount of the relevant income. The relevant income is the income according to § 2 para. 3 Z 1 to 4 of the EStG 1988. The total amount of the relevant income pursuant to this provision shall be determined as follows:

1.		To the extent that the total amount of the relevant income includes those from non-self-employed work (§ 25 EStG 1988), it is to be assumed that the income for the last calendar year before the birth of the child in which no child-care allowance is made is to be considered. (relevant period), in which the income tax notice in force at the time of application is shown for the calendar year concerned. If, at the time of application, an income tax notice is not yet available for the calendar year in question, the first income tax certificate issued shall be used for the calendar year in question. Other references within the meaning of § 67 EStG 1988 remain out of approach. The amount determined thereafter shall be increased by 30%. The unemployment benefit and the emergency aid shall be deemed to be income from non-self-employed work, and by way of derogation from the last sentence, the amount determined shall be increased by 15%. Benefits of the same kind remain out of approach. The income tax-exempt under international law and the references to be paid to a Member of the European Parliament or to his survivors pursuant to Article 9 of the Statute for Members of the European Parliament shall be subject to the following: To determine the individual marginal amount such as taxable income.
2.		Other relevant income (Sections 21 to 23 of the EStG 1988) shall be taken into account by the amount of income received in the determination of income for the relevant period (Z 1) and the income tax notice in force at the time of application is shown for the calendar year in question. Z 1 second sentence shall apply. Income from operations, which is the basis for compulsory contributions in statutory social insurance, must be increased in order to increase the statutory social security contributions required in the relevant period of time.

(2) Later amendments and withdrawals of the relevant income tax (especially in accordance with § § 276 (1), 293 to 303 of the Federal Tax Code (BAO)), BGBl. No 194/1961), the verification of compliance with the limit value shall only be effective if it is expressly requested by the end of the performance reference at the latest, or if a review initiated by the Office on the basis of its own motion shows that the amendment and the removal of the offending is not due to a predominant fault of the tax authority. If there is no income tax notice within three years from the beginning of the subscription, the limit of 16,200 € is decisive. "

Section 3, together with the headline, reads:

" Section 3

Aid to the flat-rate childcare allowance

Entitlement to aid

§ 9. (1) Claim 1 Allowance for flat-rate childcare allowance

1.		single parent (§ 11),
2.		Married mothers or married fathers in accordance with § 12,
3.		non-single mothers or fathers in accordance with § 13 and
4.		Women or men who, on their own or together with the other parent, have a child who has not yet completed the third year of life, or have taken care of the child, in accordance with § § 11, 12 or 13.

(2) A condition for entitlement to a lump-sum child care allowance for a child is that a claim for the payment of the flat-rate childcare allowance exists for this child. During extension periods according to § 5 (4a) and 4b (4b), no allowance is due to the flat-rate childcare allowance. Section 4 (2) shall also apply to the aid.

(3) Persons whose total amount of the relevant income (§ 8) exceeds the limit of € 5 800 shall be concluded from the aid.

(4) The entitlement to the aid may be waived, thereby reducing the period of entitlement (§ 8) by the period of the waived. § § 2 (5) and 5 (6) shall apply mutatily.

Amount of aid

§ 10. The aid is 6.06 € per day.

Single

§ 11. (1) Single parent members within the meaning of this Federal Law are mothers or fathers who are unmarried, divorced or widowed and do not fall under § 13. In addition, mothers and fathers are considered to be all-inclusive if the separate spouse has proven to be unable to provide for the child's maintenance.

(2) Single parent shall only be entitled to allowance for child care if they present a certificate showing the other parent. In the absence of such a document, they shall make an appropriate statement. Furthermore, single parents have to make a declaration stating that they do not fall under § 13.

Spouses

§ 12. Married mothers or Fathers receive aid, provided that the total amount of the relevant income (§ 8) of their spouse is not more than € 16 200 (free frontier).

Non-single

§ 13. (1) An aid shall be granted to non-single mothers. Fathers, these are mothers. Fathers who are single, divorced or widowed, and with the father or the mother of the child is registered or would be registered at the same address in accordance with the provisions of the Reporting Act 1991.

(2) Weiters shall be considered as non-single mothers. Fathers who live in a non-marijuly community with a person other than the child's mother or the child's father.

(3) In respect of the income, § 12 shall apply mutatily.

Duration

§ 14. The aid must be paid for at least 12 months from the initial application and only as long as the benefit referred to in § 9 (2) is claimed. If this service is only available for single days of a month, the aid shall only be granted in proportion. Reference interruptions, waiving of the aid or an alternating relationship between the parents shall not result in an extension of the reference period, and the aid may be claimed only in blocks of at least two months.

Declaration

§ 15. The competent health insurance institution has the partner of the parent (§ § 12, 13) of the grant of the allowance for the child care allowance to a parent together with an indication of the free border (§ 12, § 13 para. 3) and hint of the possible Recovery in case of exceeding the exemption limit (§ 31 para. 3) to be agreed. "

18. Section 4 is deleted.

19. Section 5 is given the names Section 5a, § § 24 and 25. "§ 25." and "§ 25a." , in the case of § § 25 and 25a, the word order shall be "the grant" through the phrase "the aid" replaced. The following new Section 5, together with the heading, shall be inserted before the end of the second paragraph:

" Section 5

Child care allowance as a substitute for earned income

Eligibility

§ 24. (1) entitlement to child care allowance according to this section has a parent (adoptive parent, foster parent) for his child (adoptive child, foster child), provided that:

1.		the eligibility requirements of § 2 (1) Z 1, 2, 4 and 5 are met,
2.		in the last 6 calendar months immediately prior to the birth of the child for which the child care allowance is to be paid, the parent has been in the process of being employed in accordance with paragraph 2, with interruptions of no more than 14 calendar days do not have an adverse effect and
3.		this parent does not earn any income during the course of the childcare allowance, a total amount of relevant income (§ 8 (1)) of no more than € 5,800 per calendar year does not have a harmful effect, and none of these benefits is Benefits from unemployment insurance.

(2) Employment within the meaning of this Federal Act is understood to mean the actual exercise of an employment subject to social security contributions in Austria. Periods of temporary interruption of this activity during an employment ban under the Maternity Protection Act 1979 (MSchG), Federal Law Gazette (BGBl) are considered to be equivalent to the pursuit of employment subject to social security. No 221, or similar other Austrian legislation, as well as periods of temporary interruption of this activity for the purpose of raising the child during the use of a Karenz according to the MSchG or the Fathers Karenzgesetz (VKG), BGBl. No 651/1989, or similar other Austrian legislation, up to the end of the second year of life of a child.

Height

§ 24a. (1) The child care allowance is daily

1.		80% of the weekly fees paid on the calendar day according to Austrian or foreign law, which is due on the occasion of the birth of that child for which child care allowance is requested, unless Z 2 to 4 are applicable or
2.		80% of the part of the average of the average in the last three calendar months before the start of the prohibition on employment, plus the special payments made during that period, reduced by the amount of the special payments on the calendar day. statutory deductions provided that Z 1, 3 and 4 are not applicable, or
3.		80% of the part of the average of the average in the last three calendar months before the last eight weeks before the birth of the child, plus the special payments for that period, which shall be due to the calendar day, reduced by statutory deductions if Z 1, 2 and 4 are not applicable, or
4.		80% of the amount to be calculated in accordance with Section 162 (3) and (4) of the ASVG with the proviso that the period prior to the last eight weeks before the birth of the child and not the entry of the insurance case shall be taken into account, if Z 1 to 3 are not applicable, or
5.		where Z 1 to 4 are not applicable:

Total of the relevant income x 0.62 + 4000 365

(2) The child care allowance in accordance with paragraph 1 shall in any case be at least the daily rate as per para. 1 Z 5, but at most 66 € daily.

(3) A measure of income is those income pursuant to § 2 (3) (1) to (3) of the EStG 1988 as well as income pursuant to Section 2 (3) (4) of the EStG 1988, if they were obtained on the basis of an existing service relationship, which was established at the time of application for the last calendar year prior to the birth of the child in which no child-care allowance was received, the following year: . According to § 2 (3) (1) (1) and (3) of the EStG 1988, the income is to be increased by 3.5%. If, at the time of application, an income tax notice is not yet available for the calendar year concerned, the first issued income tax notice for the calendar year in question shall be used. Until the actual amount is established, child-care allowance shall be provisionally paid in the amount determined in accordance with Section 33 (5). By way of derogation from § 30, a correction of the performance level shall be made on the basis of subsequent amendments and cancellation of this income tax certificate (in particular in accordance with § § 276 (1), 293 to 303 BAO), provided that the correction is explicitly required , or a review initiated by the Office for the purpose of which it is initiated, that the modification and cancellation of the decision is not due to the overriding fault of the tax authority. The income tax-exempt under international law and the references to be paid to a Member of the European Parliament or to his survivors pursuant to Article 9 of the Statute for Members of the European Parliament shall be subject to the following: To determine the amount of childcare allowance, such as taxable income.

(4) If the mother-child-passport examinations provided for in § 24c are not proven, the daily amount will be taken from the 10. Life month of the child reduced by € 16.5.

Duration

§ 24b. If only one parent takes child care allowance in the amount of § 24a (1), this shall be due at the latest until the completion of the 12. Life month of the child. If the second parent is also entitled to this benefit, the duration of the claim shall be extended by the completion of the 12. In addition to the period of time which the second parent claims, however, the maximum period of time until the completion of the 14. Life month of the child. Only periods of actual performance of the service shall be considered as claimed.

Mother-Child-Pass-Investigations

§ 24c. (1) entitlement to child care allowance according to § 24a (1) of the 10. During pregnancy and further five studies of the child up to the age of 14, there is a month of life of the child. The following month of life shall be made according to the Regulation referred to in Article 7 (1). The first nine examinations must be carried out at the latest by the end of the 10th. Life months of the child and the 10. Examination must be carried out at the latest by the end of the 18 The child's life month can be detected by presenting the relevant examination confirmations.

(2) The right to child care allowance pursuant to section 24a (1) shall not be respected in accordance with Section 24a (1) if:

1.		the collection or proof of the examinations for reasons not to be represented by the parent or the parent shall not be taken or
2.		the proof is brought up to the end of the child's third year of life at the latest.

Provisions to be applied

§ 24d. § 1, 2 para. 2, 3, 5 and 6, § 4, § 5 para. 3 to 6, § 6, § 7 para. 1, § 8, § 8a (1) and sections 5a to 12 are to be applied in addition to the lump-sum child care allowance also to the child care allowance as a replacement of the earned income. A one-time change from the childcare allowance as a substitute for the income of the allowance to the lump-sum childcare allowance in accordance with § 5c is possible per parent within three years from the beginning of the subscription of this parent, provided that the parent for this parent is in accordance with § § 5c The amount of the daily amount is less than 33 €, or this parent does not meet the requirements of § 24 (1) Z 2. The change to the child care allowance in accordance with § 5c, as if this type of performance had been requested and obtained instead of the child care allowance as a substitute for the income of the labour income, but the application for relegation shall bind by way of derogation from the § 26a not the other parent. By way of derogation from § 42, the child care allowance shall be deemed to be the income of the referring parent in accordance with this section and shall reduce its maintenance rights. The receipt of childcare allowance under this section shall include a reference to childcare allowance under section 2. "

20. In § 26a, the parenthesis shall be "(Section 3 (1), Section 5a (1) or § 5b (1))" by the parenthesis expression "(§ 3 para. 1, § 5a (1), § 5b (1), § 5c (1) or § 24a (1))" replaced.

21. In § 31 (2), the turn "Determination of the relevant total amount of income (§ 8)" through the turn "Determination of the total amount of the relevant income (§ § 8, 8b)" as well as the phrase "the total amount of income received from the tax authority to the Lower Austrian Regional Sickness Insurance Fund" through the phrase "the total amount of the relevant income received from the tax authority to the Niederösterreichische Gebietskrankenkasse (Niederösterreichische territorial insurance fund)" replaced.

22. § 31 (3) the following sentence is added:

" If the partner (§ § 12, 13) has caused the unauthorised reference of the aid to the flat-rate child care allowance, he can be obliged to replace the service. The last sentence of Section 31 (2) shall also apply to the partner. "

23. In § 31 (4) (2) and (3), the word shall be "recovery" through the phrase "Res-final recovery" replaced.

Section 31 (5) reads as follows:

" (5) instalment payments shall be granted where, on the basis of the debtor's economic circumstances, the application of the final claim in an amount is not possible. The amount of the installers shall be determined taking into account the economic circumstances of the debtor. "

25. The following sentence is added to Article 31 (7):

" The right to correction (§ 30) of the provisional disbursement pursuant to § 33 (5) lack of a promulgated income tax certificate for the calendar year in question, as well as the right to rectification on the basis of amendments and withdrawals of the Income tax modesty according to § 24a para. 2 shall expire after the end of 3 years from the beginning of the subscription. "

26. In § 32 (2), the turn "for the determination of the total amount of the income as defined in § 8" through the turn "for the enforcement of this federal law" replaced.

27. The following paragraph 5 is added to § 33:

" (5) If the amount of the child care allowance cannot be determined within a reasonable period of time in accordance with Article 24a (1), a preliminary child-care allowance shall be paid in the amount calculated in accordance with Article 24a (1) Z 1 to 4, at least however, until the date of the determination of the child's allowance. in the amount of 33 € daily. "

Section 36 (2) Z 1 reads as follows:

" 1.		Number of recipients broken down by sex and variants; "

29. § 36 (2) (4) and (5) are:

" 4.		the number of beneficiaries of aid;
5.		Number of persons entitled to childcare allowance pursuant to § § 3 (2), 3a (3), 5a (2), 5b (2), 5c (2) and (24a) (1) and (3) of the Law on Child Care; "

30. The following Z 6 is added to Section 36 (2) Z 5:

" 6.		Number of recipients according to § 5 (4a) and (4b.) "

31. In § 37 (2), the word "Income" by the word "Income" and the expression "§ 8" by the expression "§ § 8, 8b and 24a" replaced .

32. In Section 38 (2), the turn shall be "24 (3)" through the turn "25 (3)" replaced.

33. The following paragraphs 19 to 24 are added to § 49:

" (19) § § 2 (1) Z 3, 2 (6), 3a (1), first sentence, 3a (2), (2) and (4), 5a (3), 5b (3), 8 and the title, 8a, 8b and the title, 31 (2), 31 (4) and (3), 31 (5) and (7), 32 (2) and 37 (2) and 37 (2), respectively, of the Federal Law BGBl. I n ° 116/2009 will be 1. Jänner 2010 in force.

(20) § § 36 (2) Z 1, 4 to 6 and 38 (2) in the version of the Federal Law BGBl. I n ° 116/2009 will be 1. Jänner 2010 in force and are for periods from 1. October 2009.

(21) Section 3, together with the title and section 31 (3), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 116/2009 will be 1. January 2010 in force and shall apply to births after 31 December 2009.

(22) § 1, the title of Section 2, § 3a (3), § 5 (4a) and (b), 5c, 7 (3) and (4), Section 5, together with the title, the title of Section 5a, § § 25 and 25a, § 26a and 33 (5) in the version of the Federal Law BGBl. I n ° 116/2009 will be 1. January 2010 in force and apply to births after 30 September 2009, provided that no application for child care allowance for periods after 30 September 2009 and before 1 January 2009 is applied for the period of 30 September 2009. In 2010, January 2010 will be a retroactive childcare allowance for periods ranging from 1 January 2010 to 2010. As requested in October 2009 and 31 December 2009, there is no entitlement to the payment of child-care allowance for these periods.

(23) § § 1, 8 para. 2, 8a, sections 3 and 4, § § 24 and 25, respectively in the version BGBl. I No 24/2009 will expire on 31 December 2009, but will continue to apply to births until 31 December 2009. The latter applies only if no application of the paragraph 22 is present.

(24) § 6 para. 2 in the version of the Federal Law BGBl. I n ° 116/2009 shall enter into force 1. January 2010 in force and to be applied to births after 30 September 2009. "

Article 2

Amendment of the Fathers-Karenzgesetz

The Fathers-Karenzgesetz, BGBl. No. 651/1989, as last amended by the Federal Law BGBl. I n ° 53/2007, is amended as follows:

1. In § 2 (4), § 3 (1) and § 8b (2), the expression " "three months" by the Expression "two months".

2. § 2 (5) reads:

" (5) The employee shall take Karenz at the earliest possible date (paragraph 1). 2 or 3), he shall disclose to his employer at the latest eight weeks after the birth and duration of the carence. The employee can give his employer no later than three months, however, the Karenz will take less than three months, no later than two months before the end of his Karenz, to announce that he will extend the Karenz and until when. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

3. § 3 (3) reads:

" (3) If the employee is entitled to Karenz following a mother's Karenz, he shall announce the beginning and duration of his/her career at the latest three months before the end of the mother's carency. Is the Karenz of the mother following the prohibition of employment in accordance with § 5 paragraph 1 of the maternity protection law 1979, BGBl. No 221, similar Austrian legislation or similar legal provisions of the Member States of the European Economic Area, but less than three months, the worker shall have the beginning and the duration of his or her career at the latest by To report the end of the period according to § 2 (2). Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

4. § 8b (5) and (6) reads:

" (5) The worker may require both a change in part-time employment (prolongation, modification of the extent or the situation) and an early termination only once. He shall inform the employer in writing at the latest of three months, but it shall take less than three months to announce no later than two months before the intended change or termination.

(6) The employer may require both a change in part-time employment (change in size or the situation) and an early termination only once. He shall inform the employee in writing at the latest of three months, but it shall take less than three months to announce at the latest two months before the intended change or termination. "

(5) The following sentence shall be added to § 9a:

"The Karenz takes less than three months to explain his early exit no later than two months before the end of the Karenz."

Article 3

Amendment of the Maternity Protection Act 1979

The Maternity Protection Act 1979, BGBl. N ° 221, as last amended by the Federal Law BGBl. I n ° 53/2007, is amended as follows:

1. In Section 15 (2), Section 15a (1) and Section 15j (2), the word order shall be "three months" through the phrase "two months" replaced.

Section 15 (3) reads as follows:

" (3) The service provider shall announce the beginning and duration of the Karenz to the service provider until the end of the period of § 5 (1). The service provider may, at the latest, three months, but not later than two months before the end of her Karenz, announce that she will extend the Karenz and until when. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

3. § 15a (3) reads:

" (3) At the latest three months before the end of the father's carence, the servant takes her Karenz after a Karenz of the Father, to announce her service provider commencement and duration of the Karenz. However, if the Karenz of the Father is less than three months following the prohibition on employment in accordance with § 5 (1), the employee shall report the commencement and duration of the Karenz at the latest by the end of the period in accordance with Section 5 (1). Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

4. § 15j (5) and (6) reads:

" (5) The service may require both a change in part-time work (prolongation, modification of the extent or the situation) as well as a premature termination of the service only once. It shall inform the employer in writing at the latest of three months, but it shall take less than three months to announce, at the latest two months before the intended change or termination, the date of the intended change.

(6) The employer may require both a change in part-time employment (change in the extent or the situation) and an early termination only once. He shall have this in writing at the latest by three months, but it shall take less than three months to announce no later than two months before the intended change or termination. "

5. At the end of § 15r Z 3, the following shall be added and the following Z 4 shall be added:

" 4.		in the case of use of a carence of less than three months, no later than two months before the end of the Karenz "

Article 4

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 12/2009, shall be amended as follows:

1. In Section 7 (5), the word order shall be "according to § 3 paragraph 1 KBGG, according to § 5a paragraph 1 KBGG or according to § 5b para. 1 KBGG" through the phrase "in accordance with § § 3 (1), 5a (1), 5b (1), 5c (1) or 24a (1) KBGG" replaced.

(2) The following paragraph 11 is added to Article 73:

" (11) § 7 (5) in the version of the Federal Law BGBl. I n ° 116/2009 shall enter into force 1. Jänner 2010 in force. "

Article 5

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 90/2009, shall be amended as follows:

1. (Policy determination) In section 26a (4), section 26b (1), § 26l (2), § 105 (2), § 105a (1) and § 105h (2), the term of the word shall be: "three months" through the phrase "two months" replaced.

2. (Policy determination) Article 26a (5) reads as follows:

" (5) If the service taker takes Karenz at the earliest possible date (para. 2 or 3), he shall disclose to his/her service provider at least eight weeks after the birth and duration of the Karenz. The service taker can give his service provider no later than three months, however, the Karenz will take less than three months, no later than two months before the end of his Karenz announced, that he will extend the Karenz and until when. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

3. (Policy determination) Section 26b (3) reads as follows:

" (3) However, the Karenz of the mother following the prohibition on employment in accordance with Article 99 (1), similar Austrian legislation or similar legal provisions of the Member States of the European Economic Area, is less than three months, the contractor shall have the commencement and duration of his carence at the latest by the end of the period referred to in Article 99 (1), similar Austrian legislation or similar legislation of the Member States of the European Union. Economic area. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

4. (Policy determination) Section 26l (5) and (6) reads as follows:

" (5) The service taker may require both a change in part-time employment (prolongation, modification of the extent or the situation) and an early termination only once. He shall inform the employer in writing not later than three months, and shall take part-time employment less than three months, not later than two months before the intended change or termination.

(6) The employer may require both a change in part-time employment (change in the extent or the situation) and an early termination only once. He shall inform the service provider in writing at the latest of three months, but it shall take less than three months to announce no later than two months before the intended change or termination. "

5. (federal law directly applicable) Section 39k (5) reads as follows:

" (5) (federal law directly applicable) For periods of childcare allowance, the service taker (s) or the former employee (s), if the period between the start of the child-care allowance and the end of the last of this Federal Act or the like, has the same The Austrian legislation is not more than three years, entitled to a contribution to the burden of the FLAF in the amount of 1.53 vH of the respective service. in accordance with § § 3 (1), 5a (1), 5b (1), 5c (1) or 24a (1) of the KBGG related child care allowance. "

6. (Policy determination) Section 105 (3) reads as follows:

" (3) The Service Provider shall announce the beginning and duration of the Karenz to the service provider until the end of the period of § 99 (1). The service provider may, at the latest, three months, but may take less than three months, no later than two months before the end of her Karenz, to announce that she will extend the Karenz and until when. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

7. (Policy determination) Section 105a (2) reads as follows:

" (2) If the servant takes her Karenz after a Karenz of the Father, she has to announce the beginning and duration of the Karenz at the latest three months before the end of the Karenz of the father to her employer. However, if the father's carence is less than three months following the prohibition on employment in accordance with section 99 (1), the employee shall report the commencement and duration of his or her carence at the latest by the end of this period. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

8. (Policy determination) Section 105h (5) and (6) reads as follows:

" (5) The service may require both a change in part-time work (prolongation, modification of the extent or the situation) as well as a premature termination of the service only once. It shall inform the employer in writing at the latest of three months, but it shall take less than three months to announce, at the latest two months before the intended change or termination, the date of the intended change.

(6) The employer may require both a change in part-time employment (change in the extent or the situation) and an early termination only once. He shall have this in writing at the latest by three months, but it shall take less than three months to announce no later than two months before the intended change or termination. "

9. (federal law directly applicable) In accordance with Article 285 (38), the following paragraph 39 is added:

" (39) (federal law directly applicable) § 26a (4) and (5), § 26b (1) and (3), § 26l (2), (5) and (6), § 105 (2) and (3), § 105a (1) and (2) and § 105h (2), (5) and (6) in the version of the Federal Law BGBl (Federal Law Gazette). I No 116/2009 shall be adopted within six months of the date on which the event is held. "

Article 6

Amendment of the Act of Andes 1921

The Act of the Federal States of Germany 1921, BGBl. No. 292, as last amended by the Federal Law BGBl. I n ° 35/2006, is amended as follows:

1. § 23a (3) and (4) reads as follows:

" (3) Female employees are to be paid-provided that the service has lasted for a continuous period of five years-half of the copy to be paid pursuant to section 23 (1), but not more than three times the monthly salary, if it is

1.		after the birth of a living child within the protection period (§ 5 para. 1 of the maternity protection law 1979, BGBl. 221) or
2.		after the acceptance of a child, which has not yet completed the second year of life, on a child (§ 15c para. 1 Z 1 MSchG) or after taking over such a child in free care (§ 15c para. 1 Z 2 MSchG) within eight weeks
Declare their early exit from the employment relationship. In the case of a Karenz according to the MSchG, the withdrawal shall be declared no later than three months before the end of the Karenz; if a carency of less than three months is used, the exit shall be declared no later than two months before the end of the Karenz. Periods of minor occupations according to § 15e para. 1 MSchG shall not be taken into consideration for the entitlement to a claim.

(4) (3) also applies to male employees, provided that they take up a Karenz under the VKG or similar Austrian legislation and their early exit from the employment relationship at the latest three months before the end of the Explain Karenz. If, however, a carency of less than three months is taken, the withdrawal shall be declared no later than two months before the end of the Karenz. "

Article 7

Amendment of the Gutsangestelltengesetz 1923

The Gutsangestelltengesetz 1923, BGBl. N ° 538, as last amended by the Federal Law BGBl. I n ° 143/2004, shall be amended as follows:

1. § 22a (3) and (4) reads:

" (3) If the service has lasted for a continuous period of five years, half of the copy to be paid pursuant to section 22 (1), but not more than three times the monthly salary, if the service has not been interrupted for five years.

1.		after the birth of a living child within the protection period (Section 99 (1) of the Landarbeitsgesetz 1984, BGBl. 287),
2.		after the adoption of a child, which has not yet completed the second year of life, on a child (§ 105c para. 1 Z 1 LAG) or after taking over such a child in free care (§ 105c para. 1 Z 2 LAG) within eight weeks
Declare their early exit from the employment relationship. In the case of a carence due to the birth of a child after the LAG, the withdrawal shall be declared no later than three months before the end of the Karenz; if a carency of less than three months is used, the withdrawal shall be no later than two months before the end of the Karenz. To explain the end of the Karenz. Periods of minor occupations according to § 7b (1) of the German Act (VKG) or § 105e iVm § 26h (1) (1) of the LAG are not eligible for the entitlement to the right to take away the goods.

(4) (3) also applies to male servants, provided that they take up a carency within the meaning of the VKG or similar Austrian legislation and that their early exit from the service contract is not later than three months before the end of the Explain Karenz. If, however, a carency of less than three months is taken, the withdrawal shall be declared no later than two months before the end of the Karenz. "

Article 8

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 84/2009, shall be amended as follows:

1. § 162 (3a) Z 2 reads:

" 2.		the recipients of lump-sum child care allowance in the amount of the 80% increase in the flat-rate childcare allowance. The calculation basis shall be the amount referred to in § 3 (1) KBGG; "

2. In § 162 (3a) the following Z 3 is added:

" 3.		the recipients of childcare allowance as a substitute for earned income (§ 24a paragraph 1 KBGG) in the amount of the respective 25% increased child care allowance as a substitute for the income of the labour income. "

3. In accordance with § 645, the following § 646 shall be added together with the heading:

" Final determination on Art. 8 of the Federal Law BGBl. I No 116/2009

§ 646. § 162 (3a) (2) and (3) in the version of the Federal Law BGBl. I n ° 116/2009 shall enter into force 1. Jänner 2010 in force. "

Article 9

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No 104/1985, as last amended by the Federal Law Gazette (BGBl). I n ° 97/2009, shall be amended as follows:

1. § 72 Z 3 reads:

" 3.		in a dispute pursuant to Section 65 (1) (2) or on the liability of the insured person pursuant to Section 65 (1) (5) or on the obligation to repay an unjustly received benefit in accordance with Section 65 (1) (2) (2) (2) of the Law on the Reimbursement of expenses. and 3. The case cannot be withdrawn. "

2. According to Article 98 (21), the following paragraph 22 is inserted:

" (22) § 72 Z 3 in the version of the Federal Law BGBl. I n ° 116/2009 shall enter into force 1. Jänner 2010 in force. "

Fischer

Faymann