Part time maternity leave –start of the legal right and of the protection against termination

The provisions of §§ 8 (1) Z 1, 8f (1) VKG (Paternity Leave Act) are to be understood in the sense that the right to parental leave does not exist just from the date of the notification of the parental leave but from the moment from that the employment relationship would has lasted continuously for more than 3 years. Consequently, the protection from termination of the employment and from dismissal applies from the date of notification, however at the earliest 4 months before the start of the intended part-time employment. [OGH 29.10.2015, 8 ObA 68/15f]