Temporary employment contract from 1 October 2013 till 30 September 2016 with an employment volume of 90%, reason for time limitation: Temporary Qualification (§ 2 para. 1 WissZeitVG). The maternity protection period starts 24 March 2016 (estimated date of birth is 5 May 2016), actual birth is on 30 March 2016 (preterm birth), end of maternity protection period is 28 July 2016, parental leave from 29 July 2016 till 29 March 2017. Beginning of employment is 30 March 2017 with an employment volume of 65%.
Determination of contract extension:
For the period from 24 March 2016 till 30 September 2016, the time of absence to be made up equals 191 days with an employment volume of 90%. A return to work on 30 March 2017 at an employment volume of 65% results in 244 days extension (+ 53 days). The employment contract would therefore end on 28 November 2017.
The length of the extension period is based on the total of the days of absence up to the end of the employment contract. This means that the amount of time by which the work hours were reduced can be 'added' at the end if they were equivalent to at least one fifth or more of the regular work hours.
In early December 2016, the employee successfully applies for a three-month extension of her parental leave from 30 March 2017 till 29 June 2017. With a return to work on 30 June 2017, the contract would therefore be extended until 28 February 2018.
The extension option is only reduced by the actual further employment opportunity, with the consequence that ongoing or new times of absence according to § 2 para. 5 WissZeitVG defer the time of complete reduction of the arisen extension option respectively.
BAG – 7 AZR 456/12 from 28 May 2014
LAG Mecklenburg-West Pomerania 2 SA 384/15 from 15 November 2016