Maternity Leave Agreement Template for Austria

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Key Requirements PROMPT example:

Maternity Leave Agreement

"I need a Maternity Leave Agreement for a senior software developer in our Vienna office who is expecting twins in March 2025 and plans to take the maximum statutory leave period plus an additional 3 months of unpaid leave."

Document background
The Maternity Leave Agreement is a crucial document used when an employee announces her pregnancy and requires formal documentation of her maternity leave arrangements under Austrian law. This agreement is designed to comply with the Austrian Mutterschutzgesetz and related employment legislation, ensuring proper protection of maternal rights and clear communication of obligations and benefits. It should be implemented as soon as the employee notifies the employer of her pregnancy, typically including details about the mandatory protection periods, payment arrangements, job security provisions, and return-to-work plans. The document serves as a comprehensive reference point for both parties throughout the maternity leave period, helping prevent misunderstandings and ensuring legal compliance.
Suggested Sections

1. Parties: Identification of the employer and employee, including their full legal names and addresses

2. Background: Brief context about the employment relationship and the purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Maternity Protection Period', 'Expected Due Date', and 'Return Date'

4. Notice of Pregnancy: Details of how and when the pregnancy was notified to the employer

5. Maternity Protection Period: Specification of the mandatory protection periods before and after birth as per Austrian law

6. Pay and Benefits: Details of maternity allowance (Wochengeld) and continuation of other benefits during leave

7. Job Protection: Confirmation of employment protection rights during pregnancy and maternity leave

8. Return to Work: Terms and conditions for returning to work, including notice periods and position guarantees

9. Communication During Leave: Protocols for maintaining contact during the leave period

10. General Provisions: Standard legal clauses including governing law, amendments, and entire agreement

11. Execution: Signature blocks and date of agreement

Optional Sections

1. Extended Leave Arrangements: Additional leave periods beyond statutory maternity leave, applicable when the employee requests extra time

2. Part-time Return Options: Provisions for returning to work on a part-time basis, included when this arrangement has been agreed

3. Breastfeeding Arrangements: Specific provisions for nursing breaks and facilities, included when the employee plans to continue breastfeeding after return

4. Training and Development: Arrangements for maintaining professional development during leave, included for roles with specific qualification requirements

5. Additional Company Benefits: Any company-specific benefits beyond statutory requirements, included when the employer offers enhanced packages

Suggested Schedules

1. Schedule 1 - Leave Dates Calendar: Detailed calendar showing key dates including start of protection period, expected birth date, and planned return

2. Schedule 2 - Payment Schedule: Breakdown of payment arrangements including statutory maternity pay and any additional company benefits

3. Schedule 3 - Return to Work Plan: Detailed plan for the employee's return to work, including any phased return arrangements

4. Appendix A - Risk Assessment: Workplace risk assessment for pregnant employees as required by Austrian law

5. Appendix B - Contact Protocol: Detailed protocol for maintaining contact during leave, including emergency contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Find the exact document you need

Maternity Leave Agreement

An Austrian law-compliant agreement documenting maternity leave arrangements, protection periods, and return-to-work terms between employer and employee.

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