- no location -
Select your location for location specific information:
Teachers and other school staff; application for leave of absence, leave of absence or parental leave
Teachers and other school staff at primary, secondary and special schools, schools for the sick and vocational schools (excluding FOS/BOS) can apply for parental leave, special leave or a leave of absence in addition to a leave of absence for labor market or family policy reasons.
Forms
Forms
-
Familienpolitische Beurlaubung nach Art. 89 BayBG - Antrag
This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.
-
Antrag auf Elternzeit
This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.
-
Wiederaufnahme des Dienstes mit voller Unterrichtspflichtzeit
This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.
-
Erklärung über Aushändigung der Heftung „Informationen über die Berücksichtigung von Kindererziehungszeiten in der Beamtenversorgung“
This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.
-
Antrag auf Gewährung von Teilzeitbeschäftigung und Sonderurlaub für Tarifbeschäftigte
This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
The term leave of absence covers a variety of reasons that can justify a justified absence from work - with or without pay. It is therefore a leave of absence from official duties for periods in which service would have to be performed under working time legislation. Otherwise, the continued existence of the civil servant relationship is not affected; the general civil servant duties continue to apply. The same applies to existing employment relationships with teachers as employees.
The most common cases of leave of absence in addition to vacation leave are
Leave of absence in accordance with Section 10 of the Ordinance on Leave, Maternity Protection and Parental Leave for Bavarian Civil Servants (Bavarian Leave and Maternity Protection Ordinance - UrlMV) or leave of absence in accordance with Section 29 of the Collective Agreement for the Public Service (TV-L)
As a rule, leave of absence is granted while the employer's benefits continue to be paid. The circumstances of exemption are listed exhaustively in § 10 UrlMV. In addition to relocation for official reasons, the birth of a wife, serious illnesses of children and relatives, deployment and training events for the purpose of national defence, professional training, participation in outstanding sporting events as well as trade union and church events are also recognized as such circumstances. For teachers as employees and other employees covered by collective agreements in the school service, reference is made to § 28 and § 29 of the Collective Agreement for the Public Service of the Federal States (TV-L).
In accordance with §§ 17 Para. 2 UrlMV in conjunction with § 12 Para. § Section 12 (4) of the Service Regulations for Teachers at State Schools in Bavaria (Teachers' Service Regulations - LDO), the head teachers generally grant leaves of absence.
Parental leave
For the permanent care of a child in a certain phase of life, civil service law allows one or more caregivers to be released from their official duties on the basis of the Federal Parental Allowance and Parental Leave Act (BEEG) - possibly with the granting of a parental allowance (§ 46 Civil Service Status Act, Art. 99 Bavarian Civil Service Act, §§ 23 to 26 Bavarian Leave and Maternity Protection Ordinance). In terms of status law, the employment relationship remains completely unaffected. There is a legal entitlement to parental leave from birth until the child reaches the age of 3; with the consent of the employer, one year of parental leave can also be taken between the age of 3 and before the child reaches the age of 8. If the child is born on 01.07.2015 or later, parental leave can be taken for a maximum of 24 months between the child's 3rd and 8th year of life. The provisions of the BEEG apply directly to teachers in employment.
Leave for family policy reasons
Leave for family policy reasons in accordance with Art. 89 Para. 1 No. 1 Alt. 1 of the Bavarian Civil Service Act (Bayerisches Beamtengesetz) is possible for civil servant teachers for a total of 15 years (including leaves of absence in accordance with Art. 90 Para. 1 of the Bavarian Civil Service Act) if
- at least one child under the age of 18 or other relatives in need of care
- require actual care or nursing by the applicant and
- there are no compelling official interests to the contrary.
Please note the limited possibility of working part-time.
Leave for labor market policy reasons
Art. 90 of the Bavarian Civil Service Act (Bayerisches Beamtengesetz) provides for the possibility for civil servant teachers with remuneration to take leave of absence for a minimum of one and a maximum of six years after the end of their probationary period for reasons of labor market policy - but only if this does not conflict with official interests. The maximum limit in connection with leaves of absence under Art. 89 of the Bavarian Civil Service Act may not exceed 15 years. For civil servants who have reached the age of 50, leave of absence is possible until retirement. The requirements must be met on the cut-off date. The maximum limit for this is 15 years, Art. 92 Para. 1 of the Bavarian Civil Service Act.
The prerequisite for this is the existence of an exceptional situation which in turn justifies an urgent public interest. This is to be affirmed if there is such a surplus of applicants at the time of application that even well-qualified applicants cannot find a position corresponding to their training within a reasonable period of time. In addition, there must be no conflict with official interests. Even if these requirements are met, the administration has discretion, i.e. there is no entitlement to the granting of leave of absence. It should also be noted that a declaration of renunciation of secondary employment is required, Art. 90 Para. 2 of the Bavarian Civil Service Act.
Please refer to the information provided by the Bavarian State Ministry of Finance and Home Affairs.
The personnel administration of state teachers at Realschulen, Gymnasien and Berufliche Oberschulen is the responsibility of the Ministry of Education and Cultural Affairs. Teachers at these types of schools can obtain the relevant forms from there (see further links) or from the MB offices.
Requirements
Labor market leave of absence
- Civil servants with remuneration after the end of the probationary period
- Labor market situation with an extraordinary surplus of applications
- Obligation to refrain from performing paid secondary employment during the approval period and to perform paid activities in accordance with Art. 74 Para. 1 No. 4 ff. Bavarian Civil Service Act (Bayerisches Beamtengesetz) only to the extent that they could be carried out in full-time employment without violating official duties.
Family policy leave of absence
- Civil servants with remuneration (not in preparatory service)
- Permanent employment contract for employees covered by collective agreements
- compelling official interests must not prevent the granting of leave of absence
- Looking after or caring for at least one child under the age of 18 or another relative in need of care according to a medical opinion
Parental leave
- The applicant lives in a household with a child within the meaning of Section 15 (1) of the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz) and cares for and raises the child him/herself (Section 23 of the Leave and Maternity Protection Ordinance).
Required documents
-
on parental leave:
- Birth certificate or registration certificate of the child, proof of taking into custody
- Declaration on handing over the booklet "Information on the consideration of child-raising periods in the civil servants' pension scheme
- If applicable, certificate of premature birth
Fees
none
Deadlines
Civil servant teachers must submit the application for leave of absence to the school (special schools and vocational schools) or the education authority (primary and secondary schools) by mid-March of the respective calendar year.
The application for special leave must be submitted as soon as possible after the respective reason arises.
Applications for parental leave for children born on or after July 1, 2015 for the period up to the child's third birthday must be submitted in writing no later than seven weeks before the start of parental leave; applications for the period between the third birthday and the child's eighth birthday must be submitted in writing no later than 13 weeks before the start of parental leave.
Legal bases
Status: 18.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Unterricht und Kultus
Contains machine translated content.
Show the original content