Definition and Legal Framework of Returners to Work
Returners to work are individuals who, after a temporary interruption of their employment—usually due to family or caregiving reasons—wish to re-enter working life or have already done so. The term is particularly significant in German social law and labor promotion law and is used in various laws and regulations.
Historical Development
The legal treatment of returners to work has changed over the past decades. Originally, the focus was on women returning to work after parental leave or an extended period of caring for relatives. Due to social changes and legal equal opportunity policies, the term now encompasses all people who interrupt their employment and wish to resume it later, regardless of gender.
Legal Foundations
Returners to Work in German Law
The most important legal provisions can be found in the Social Code (SGB). Particularly relevant are SGB III (Labor Promotion), SGB IX (Rehabilitation and Participation of Persons with Disabilities), and SGB XII (Social Assistance). The term is especially used in connection with the promotion of vocational training and occupational health and safety.
Social Code III (SGB III)
SGB III grants returners to work a special status, especially with regard to employment promotion. According to § 20 SGB III, those are considered returners to work who “seek to resume employment after an interruption for family reasons for at least one year.” This primarily concerns persons after parental leave (see the Federal Parental Allowance and Parental Leave Act, BEEG) or after periods of care in accordance with the Care Time Act (PflegeZG).
Federal Parental Allowance and Parental Leave Act (BEEG)
The BEEG grants a legal entitlement to return to the employment relationship after parental leave. According to § 18 BEEG, returners to work enjoy special protection against dismissal during parental leave and are entitled to return to their workplace after the leave period ends.
Care Time Act (PflegeZG) and Family Care Time Act (FPfZG)
Returners to work who interrupted their employment to care for close relatives are also subject to special protective regulations. The PflegeZG and FPfZG entitle employees to take leave from work and secure the right to return as well as special protection against dismissal during and after the care period.
Equality and Prohibition of Discrimination
According to the General Equal Treatment Act (AGG), returners to work may not be disadvantaged when returning to employment. Employers are required to refrain from discrimination based on marital status, gender, or the use of parental or care leave.
Rights and Obligations of Returners to Work
Right of Return and Job Security
Individuals on parental leave, care leave, or comparable family absences generally have a statutory right to return to their employment. The previous or an equivalent workplace must be made available unless there are compelling operational reasons to the contrary.
Entitlement to Further Training and Support
Returners to work are eligible for support within the framework of labor promotion (SGB III). They can obtain benefits such as job application training, job-related further education, or retraining. The Employment Agency offers special counseling and support programs to facilitate re-entry and prevent disadvantages due to an extended absence from the labor market.
Working Time Models and Part-Time Entitlement
According to the Part-Time and Fixed-Term Employment Act (TzBfG), returners to work have the opportunity to apply for part-time work in order to facilitate their re-entry or to continue fulfilling family responsibilities. Under certain conditions, the employer is required to grant such requests.
Duties of Employers Towards Returners to Work
Duty to Inform
Employers must inform returners to work about changes in the company during their absence, such as restructurings or altered working conditions. This ensures a smooth reintegration.
Workplace Organization
Within reasonable limits, employers must ensure that conditions are created for a successful return to work. This includes adaptations to the workplace, targeted further training, and opportunities to use flexible working time models.
Special Protection Against Dismissal
During parental leave, care leave, or a comparable interruption, returners to work are afforded special protection against dismissal (§ 18 BEEG, § 5 PflegeZG), which generally continues until their return to work and, in some cases, beyond.
Social Law Aspects
Unemployment Insurance
Individuals returning to work who were not subject to mandatory social insurance in the meantime may be entitled to unemployment insurance benefits under certain conditions. This includes, in particular, counseling, placement services, and financial support during the transition period.
Pension Law Coverage
Periods of family or caregiving interruption are recognized in the statutory pension insurance under §§ 56 ff. SGB VI as periods of child-raising or credit periods. This serves as compensation to secure pension entitlements despite career interruptions.
Legal Challenges and Current Developments
Protection Against Discrimination and New Case Law
The case law of various labor courts and the Federal Labor Court continues to strengthen the rights of returners to work, particularly with regard to equal treatment and the right to return to an equivalent position. Discriminatory actions by employers during re-entry are unlawful under the AGG.
Support through Public Programs
There are numerous support programs at federal, state, and municipal levels that specifically help returners to work with re-entry—such as through financial grants, qualification programs, or coaching. The aim is to integrate returners to work into the primary labor market.
Significance of the Term in Other Legal Fields
Tax Law
Returners to work are not treated separately under tax law; however, parental leave or care leave and subsequent reintegration measures may have tax implications—particularly in connection with salary replacement benefits or tax concessions for families and single parents.
Civil Service Law
Special regulations exist under civil service law regarding the return from parental leave, special leave, or other forms of release. Civil servants have the right to return to their previous role or an equivalent position.
Summary
Returners to work are a group relevant in both social and labor law, who enjoy special protection, specific support options, and rights to equal treatment, return, and further training due to a variety of statutory regulations. The legal framework in Germany provides comprehensive safeguards and numerous measures for the successful reintegration into working life, taking into account both individual and operational interests.
Frequently Asked Questions
What employment law entitlements do returners to work have after parental leave?
After parental leave, there is generally an entitlement to return to the previously agreed role or to an equivalent position in accordance with § 38 of the Federal Parental Allowance and Parental Leave Act (BEEG). The job must offer comparable working conditions and the previous pay. Employers may not disadvantage employees upon return from parental leave and must continue to treat them equally regarding career opportunities and remuneration. In addition, the returning employee enjoys special protection against dismissal for a certain period under § 18 BEEG, which usually lasts until the end of the declared parental leave. If a transfer to another position is necessary because the previous role no longer exists, this may only take place in accordance with the contractually agreed management rights and reasonableness. Furthermore, specific provisions apply to fixed-term contracts and part-time agreements, which must be examined in connection with the continuation or adjustment of the employment relationship following an absence.
How long does special protection against dismissal exist, and to what extent does it apply?
Special protection against dismissal applies to returners to work for the entire duration of the requested parental leave or a comparable leave of absence, for example under § 3 of the Care Time Act (PflegeZG). An existing employment relationship may generally not be terminated by the employer from the receipt of the parental leave application until the end thereof (§ 18 BEEG). Exceptions to the prohibition of termination are only possible with express official consent, and only in special cases, such as in the event of operational emergencies or employee misconduct. The protection applies regardless of company size and irrespective of the length of employment. After parental leave ends, the general dismissal protection provisions—such as under the Dismissal Protection Act (KSchG)—apply again.
Is there a right to part-time employment after a career break?
Returners to work generally have a right to part-time employment under certain conditions, particularly following parental leave (§ 15 BEEG). The request must be submitted at least seven weeks before the desired start date, and the weekly working hours may be between 15 and 30 hours. The employer may reject the request only for urgent business reasons. Even independently of parental leave, under § 8 of the Part-Time and Fixed-Term Employment Act (TzBfG), there is a right to a reduction of working hours if the business regularly employs more than 15 employees and the employment relationship has lasted longer than six months. Here, too, rejection by the employer is only permitted if there are conflicting operational reasons, which the employer must explain and, if disputed, prove in court.
What are the vacation entitlements during and after a career break?
During a full release from work under parental leave, the employer may, according to § 17 BEEG, reduce the annual leave entitlement for each full calendar month of parental leave. However, this must be expressly and timely declared. Any vacation remaining before the start of parental leave remains valid and can be used after return—also in parts—during the current or following calendar year. Upon return to work, the full annual leave entitlement arises again, reduced only by the months fully spent in parental leave for which entitlement has already been eliminated.
What notification obligations exist towards the employer in case of a planned return to work?
The employee must inform the employer in writing of taking parental leave at least seven weeks before its commencement (§ 16 BEEG), specifying bindingly the period within which parental leave will be taken within two years. Notification of the actual return is not necessarily required unless the employee intends to return earlier or to demand a change regarding working hours or place of work after the leave. In this case, a notice period of eight weeks (§ 15 para. 5 BEEG) for part-time requests applies. If the employee does not comply with this notification obligation in good time, entitlement to preferential treatment (part-time, position, working hours) may be lost or postponed.
What rights to further or continuing education exist for returners to work?
There is no statutory explicit entitlement to further or continuing education following a career break. However, the employer is obligated to inform returners to work about internal job postings, qualification measures, or further training in such a way that they have the same opportunities as other employees (§ 7 para. 2 TzBfG). In individual cases, the ancillary duties arising from the employment contract and the principle of equal treatment may give rise to a right to participate in training activities to compensate for skills deficits resulting from a long absence. More extensive entitlements may be regulated in various collective agreements or company agreements. In addition, external programs offered by the Employment Agency or regional training providers are open to returners to work, with their legal framework governed by the Social Code (SGB III).
How is the employment relationship legally continued in case of a longer interruption?
The employment relationship is generally dormant during approved absences such as parental leave, care leave, or special leave, without ending the employment contract. The obligations to render work and to pay remuneration are suspended during the leave, while duties of loyalty (e.g., non-competition, confidentiality) and the continued existence of the employment contract remain in force. A longer interruption does not automatically end the employment relationship. Changes, e.g., through business transfers, company restructuring, or redundancy dismissals after special protection against dismissal ends, must always be assessed with regard to the provisions applicable to dormant employment relationships. Returners to work resume employment in the ongoing contractual relationship after the end of their absence, unless a separate agreement to end the contract (e.g., termination agreement) has been reached.
