Will women receive a Christmas bonus during maternity leave? In fact, the responsibility for this lies directly with the employer. Usually, such a payment is made to employees in November or December as a recognition of their work.
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Not all workers have the right to a Christmas bonus. Only those for whom it is specified as a special payment in the employment contract can claim it. What rights apply to those currently on maternity leave?
A Christmas bonus during maternity leave can be received, but there is a nuance
The employer is not allowed to reduce the amount of the Christmas bonus or refuse it because the person is prohibited from working. This decision was made by the European Court on October 21, 1999 (RS C-333/97).
If the employment contract excludes Christmas bonuses during maternity leave, the corresponding clause is considered discriminatory. This means that it is invalid, and the employer is obligated to pay. The Cologne Labor Court ruled on this matter on August 20, 2014 (AZ 20 CA 10147/13).
Like vacation pay, Christmas bonuses are considered special payments. It is a one-time payment that is not taken into account when calculating pregnancy, childbirth, and parental benefits.
The right to Christmas bonuses during childcare leave looks somewhat different. The reason is that employment relationships are suspended during childcare leave. This period is equal to a so-called creative break.
According to § 20 TVöD (Collective Wage Agreement for the Public Service), during this time, the employee is not entitled to contractually specified annual special payments, such as Christmas bonuses. During childcare leave, the employer may reduce or completely suspend the payment of the Christmas bonus under certain conditions.
As a rule, only those who have worked in the company for at least six months are eligible for collective Christmas bonuses. To receive the full special payment, one must typically have been employed by the company for 36 months.
For public sector employees, Section 20, Paragraph 4, Sentence 2, No. 1 TVöD specifies that the special payment is not reduced. However, the right to salary during maternity leave is absent.
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During maternity leave, if the employment contract includes a clause for Christmas bonuses, the employer is legally obligated to honor it, as ruled by the Cologne Labor Court in 2014.
Just like vacation pay, Christmas bonuses are considered special payments in Germany and are not factored into calculations for pregnancy, childbirth, or parental benefits.
