Scientific research with a family

According to Section 2 (1) sentence 5 of the Temporary Employment Act for Researchers, the fixed-term framework has been supplemented by a family policy component. This offers employers the option of extending the employment relationship by two years per child when caring for one or more children under the age of 18. The maximum time frame for claiming the ‘family policy component’ under Section 2 (1) sentence 4 of (maximum) two years per child can be fully utilized at state agencies and other agencies subject to the fixed-term limit under Section 2 (1) at the University of Kassel in the future.

The extension based on family policy considerations is requested by the supervisor as an informal application. The application must be submitted to the relevant administrator in the Human Resources and Organization department.

Section 2 (5) of the Temporary Employment Act for Researchers describes the possibility of extension due to childcare or nursing care periods. Excerpt from the Temporary Employment Act for Researchers Section 2 (5): The respective duration of a fixed-term employment contract according to paragraph 1 shall be extended in agreement with the employee by:

1. Periods of leave 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 (even if the child meets the requirements of Section 15 (1) sentence 1 of the Federal Parental Financial Benefits and Parental Leave Act) or other relatives in need of care.
2. Periods of leave for scientific or artistic activities or for scientific, artistic or professional training, further education, continuing education outside the university environment or abroad.
3. Periods of parental leave taken in accordance with the Federal Parental Financial Benefit and Parental Leave Act and periods of employment prohibition in accordance with Sections 3, 4, 6, and 8 of the Maternity Protection Act, to the extent that no paid employment occurred.

In the cases referred to in sentence 1, numbers 1, 2 (and 5), the extension shall not exceed a period of two years. Periods referred to in sentence 1, numbers 1 to 6 shall not be counted towards the fixed term permitted under paragraph 1 to the extent that they may lead to an extension of a fixed-term employment contract.

The legal entitlement is assessed by means of an informal application from the employee. This should state that the employment contract is to be extended in accordance with the periods of maternity leave/parental leave. It should also state when the employee plans to return and the extent of their employment upon return
The application must be submitted to the relevant administrator in the Human Resources and Organization department.

Due to the coronavirus pandemic and its impact on academic qualifications, a temporary transitional provision has been added to the Temporary Employment Act for Researchers. Further information is available on the website of the Federal Ministry of Education and Research

Unlike qualifications obtained through temporary positions funded by the budget or third-party projects, a scholarship is not based on an employment relationship. A scholarship is therefore not subject to social security regulations and does not constitute (earned) income, as it is a non-repayable grant.

The Maternity Protection Act applies to women who are employed. Since a scholarship is not considered employment, the Maternity Protection Act does not apply to scholarship recipients. However, many scholarship providers allow for an extension of the funding period in line with the protection periods of the Maternity Protection Act. Please contact the respective scholarship providers directly for further information. 

Since January 1st 2018, the Maternity Protection Act also applies to students. If scholarship recipients are enrolled as doctoral students at a university, the Maternity Protection Act applies to them. Please contact your university for information about the options available to you.

Since a scholarship is not considered employment, the legal regulations on parental leave do not apply to scholarship recipients. However, many scholarship providers have their own family-related regulations. Therefore, please contact the respective scholarship providers directly for more information.

Since scholarships are not recognized as taxable income, scholarship recipients receive the minimum amount of €300 in parental allowance per month. Further information on parental allowance can be found on this page.

Please check whether the scholarship providers offer child or family allowances.

Since child allowance is paid regardless of income, scholarship recipients are also eligible for this financial support. Further information on child allowance can be found on this page.

GEW guide: Vereinbarkeit von Familie und wissenschaftlicher Qualifizierung. Ein Rechtsratgeber (Balancing family life and academic qualifications. A legal guide.) German only