Temporary employment regulations for academic staff with children
Extension of fixed-term employment contracts
When taking parental leave, a leave of absence or a reduction in working hours by at least one fifth of the regular working hours for the care of one or more children under the age of 18, an extension of fixed-term employment contracts is possible within the framework of Section 2 (5) sentence 1 nos. 1 and 3 of the Academic Fixed-Term Contracts Act (WissZeitVG). The same applies to periods of prohibition of employment under the Maternity Protection Act. This extension is not automatic. It must be applied for and stipulated in a new employment contract.
The following regulations can be found in the Academic Fixed-Term Contract Act regarding the scope of the extension:
"The respective duration of a fixed-term employment contract [...] is extended with the agreement of the employee by
- periods of leave of absence or a reduction in working hours by at least one fifth of the regular working hours granted for the care or nursing of one or more children under the age of 18 or relatives in need of care,
[....] - periods of parental leave under the Federal Parental Allowance and Parental Leave Act and periods of a ban on employment under Sections 3, 4, 6 and 8 of the Maternity Protection Act to the extent that employment has not taken place,
[...]
An extension in accordance with sentence 1 shall not be counted towards the period of fixed-term employment permitted under paragraph 1. In cases of sentence 1 nos. 1, 2 and 5, it should not exceed the duration of two years in each case."
Fixed-term contracts
Section 2 (1) and (3) of the Academic Fixed-Term Contracts Act (Wissenschaftszeitvertragsgesetz) stipulates an upper time limit for the employment of academic staff on fixed-term contracts. Fixed-term employment contracts for academic staff who do not hold a doctorate are permitted for a period of six years. After completion of the doctorate, a further fixed term of up to six years is permitted. The permissible fixed-term period in the phase after the doctorate is extended to the extent that periods of fixed-term employment and periods of doctoral studies without employment together totalled less than six years.
All fixed-term employment contracts with more than a quarter of regular working hours concluded with a university or research institution, as well as corresponding temporary civil servant contracts and private service contracts, are to be counted towards the permissible fixed-term period.
The total permissible fixed-term period is extended by two years per child if one or more children under the age of 18 are being cared for (Section 2 (1) WissZeitVG). If both parents work as academic staff at a university, both can make use of this regulation.
Irrespective of the fixed-term period in accordance with Section 2 (1) WissZeitVG, academic staff can also be employed for a fixed term in accordance with Section 2 (2) WissZeitVG. The following requirements must be met:
The employment must be predominantly financed by third-party funding, the funding must be approved for a specific task and duration and the employee must be employed predominantly in accordance with the purpose of the third-party funding.
If you have any questions about the law on fixed-term contracts, please contact the HR officer responsible for you in the administration.