Gainfully employed doctoral students and postdoctoral researchers
Statutory maternity leave and maternity benefits
As mother-to-be, you enjoy particular protection during pregnancy and following the birth of your child. We have gathered the most important information on applying for statutory maternity leave before your due date (Mutterschutz), your rights pertaining to protection against unlawful dismissal and employment prohibitions, as well as on questions relating to financial support. For detailed information please see at our homepage about maternity leave.
Parental leave
Parents-to-be are entitled to parental leave (Elternzeit) and parental pay (Elterngeld). The Family Office can provide you with information about regulations governing parental leave and parental pay, the application process, special regulations for academic staff on short-term contracts, and how to keep in contact with your department while away. Please see at our homepage about parental leave.
Parental pay
Parents may take unpaid leave from work in order to raise a child. For the first twelve to fourteen months of parental leave, parents are eligible for parental pay. In principle, parents can opt for parental leave without taking parental pay.
For detailed information please see at our homepage about parental pay.
Wissenschaftszeitvertragsgesetz (WissZeitVG)—family policy aspects
The Protection of Working Mothers Act as well as the German Parental Benefit Act and Parental Leave Act further apply to limited fixed-term contracts. However, a distinction is made between employment in accordance with Section 2 subsection 1 WissZeitVG (for qualification purposes) and in accordance with Section 2 subsection 2 (externally funded fixed-term contracts).
Fixed-term employment for qualification purposes
Academic staff with a fixed-term contract for qualification purposes in accordance with Section 2 subsection 1 WissZeitVG can be employed on a fixed-term basis for a period of up to 6 years prior to earning a doctorate and 6 years after earning a doctorate in order to complete the desired qualification.
In the case of academic leave due to statutory maternity leave or parental leave, Section 2 subsection 5 sentence 3 entitles the employee to extend the employment contract by the amount of time spent on academic leave.
Additionally, there is an extension option for academic staff in the qualification phase extending beyond the maximum employment period of 12 years: As a family policy aspect in accordance with Section 2 subsection 1 sentence 3, the permissible maximum fixed term of employment is extended by up to 2 years per child when the employee is caring for one or more children under the age of 18. The child’s birth certificate and registration certificate must be provided as proof. The 2-year extension period is reduced, however, if the childcare period during employment as academic or artistic staff or during the doctoral and postdoctoral phase is not at least 2 years long. Accordingly, the maximum fixed term of employment can only be extended by the full 2 years if the multiple burden lasted at a minimum for the same length of time.
- Employees funded by external means should contact their staff member in Department 6: Human Resources.
Conditions for fixed-term legislation
Section 2 subsection 1 WissZeitVG (qualification phase)
- Six years of fixed-term employment are possible without a doctorate.
- After completion of doctorate:
- additional 6 years of fixed-term employment possible
- plus x years (unused time for doctoral studies)
- Family policy aspects (Section 2 subsection 1 sentence 3 and subsection 5 WissZeitVG):
- Maximum fixed term of employment can be extended by 2 years for care of every child under the age of 18.
- Employment can be extended by the period of time spent, for example, on statutory maternity leave or parental leave.
- Please note: The contract can only be extended by the unused contract period, not by the overall period of statutory maternity leave or parental leave.
- Important: To extend the contract / use the extension option, please submit an informal declaration of consent to Dept. 6: Human Resources.
- Parental leave replacements: The supervisor submits an application to Dept. 6: Human Resources.
Externally funded staff
Staff whose employment term is fixed in accordance with Section 2 subsection 2 WissZeitVG within the scope of an externally funded project do not have a corresponding right to contract extension in the case of statutory maternity leave or parental leave. Employment is tied to a certain project with a limited duration.
- Exception: On request, DFG-funded projects offer a cost-neutral extension option (does not apply to clusters of excellence) and the possibility of a replacement staff member through equal opportunity funding. These options are not offered by other external funding sources. Fixed-term employment for externally funded staff is also handled in accordance with Section 2 subsection 1 WissZeitVG when the appropriate requirements have been met. In this case, the employee has the same rights as for Fixed-term employment for qualification purposes.
- In the case of externally funded fixed-term employment, the following provisions are also in effect:
- Family policy aspects (Section 2 subsection 1 sentence 3 and subsection 5 WissZeitVG):
- Maximum fixed term of employment can be extended by 2 years for care of every child under the age of 18.
- Extension by the period of time spent, for example, on statutory maternity leave or parental leave is not possible.
- Employees with externally funded fixed-term employment should contact the human resources clerk responsible for them in Dept. 6: Human Resources.
- A replacement staff member can be employed from the period of statutory maternity leave through the subsequent period of parental leave. Questions on this topic can be answered by a staff member in Personnel Section 6.
Part-Time and Short-Term Contract Act
Employees who are employed pursuant to § 14 of the Part-Time and Short-Term Contract Act (TzBfG) (PDF) are not entitled to extend their employment contract by the period of leave.
- Technical and adminstrative staff (TVP) should contact the staff member responsible for them in Department 6: Human Resources.
Important documents to download for academic staff on short-term contracts
Pursuant to the Hamburg Higher Education Act (Hamburgisches Hochschulgesetz, HmbHG), there are special regulations for those employed as short-term civil servants (Beamte auf Zeit). Further information:
- Sonderregelungen für Beamtinnen und Beamte auf Zeit (PDF) (in German only)
- Gesetzliche Vorschriften zur Teilzeitbeschäftigung und Beurlaubung (in German only)