In a recent decision by the 18.10.2011 the Federal Labour Court dealt with the question, conditions under which parents can extend the first unused parents time. In a recent decision by the 18.10.2011 the Federal Labour Court dealt with the question, conditions under which parents can extend the first unused parents time. According to the law, workers and employees, the parental leave must take, the employer explain for what times taken parental leave period of two years. Parents of time thus defined can extend the workers only if the employer agrees. The applicant is employed since 2005 at the defendant as a worker in full time.
On January 3, 2008, she gave birth to her fifth child and therefore took until 2nd January 2009 parental leave. By letter of December 8, 2008, she asked the defendant unsuccessfully, to agree to the extension of parental leave for a further year. She relied on their State of health. After the applicant from 5 January 2009 their work not resumed, the defendant gave her a warning due to lack of lesson. The Labour Court has sentenced the defendant to agree to extend parental leave and to remove the warning from the personnel file of the applicant. The Landesarbeitsgericht dismissed the complaint as a whole. It has argued, the employer should refuse free consent to the extension of parental leave up to the limit of the abuse of rights.
The defendant did not quite abusive. The warning had been authorized, since the applicant Unexcused is staying away from work. The revision of the applicant has success before the ninth Senate of the Federal Labour Court and leads to the referral back to the work of the Court. The employer must decide in its reasonable discretion, whether he agrees with the extension of parental leave. For this purpose, the Landesarbeitsgericht has still actual observations to make. It will have to decide again whether to remove the warning from the personnel file is. Attorneys at law Dr. Mahlstedt & partners – your law firm in Bremen.