Rechtliche Rahmenbedingungen rund um das Thema "studieren mit Kind"
Legal framework
The compatibility of study- and family-life is part of several legal provisions. According to family-constellations or family-situations laws, provisions, regulations and/ or the universities self-commitment may vary.Here are a selection of prohibitions, you may use for your requests and / or argumentation.
Although all facts were carefully examined, we do not claim to portray legal regulations / provisions in its complete picture nor can we give legally binding information. If you have any difficulties or problems, please use our advisory services at the FamilyService (familienservice@zvw.uni-goettingen.de). We offer you consultancy, support in communicating to the examination offices, teachers and faculties as well as refer you to relevant authorities or institutions.
Since 1 January 2018, the “Mutterschutzgesetz” (Maternity Protection Act) has also applied to students, and it includes a reporting procedure. All information concerning maternity protection is summarized in its own chapter.
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As a student, you have the same right – time wise – as employees, to claim parental leave. A special characteristic for students is that you can claim “Elterngeld” (parental allowance) without having to interrupt your studies. Your right to parental leave is written in §9 of the “Immatrikulationsordnung” (enrolment regulations). Similarly to the “Elternzeitgesetzgebung” (parental leave laws), you can take a sabbatical for up to 3 years (meaning 6 semesters) on the ground of parental leave. If you take a sabbatical due to parental leave, you are nevertheless allowed to take 50% of your exams.
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In 2014 the university signed the Charter “Familie in der Hochschule” and thereby obliged itself to support students with responsibilities regarding care-work in families. (Unfortunately, the pages mentioned are only available in German).
The “Schutzbestimmungen der Allgemeinen Prüfungsordnung” (General Academic and Examination Regulations), specifically §21 (2) to (4), might be of interest to you as well. In case your child is sick and therefore you are unable to attend an exam, or therefore you need extended time to work on your papers, a certificate for your child’s sickness is equivalent to being sick yourself.
Most of the time it is worth having a look into your faculty’s gender-equality plans. The measures for and considerations of students with responsibilities regarding care-work in families presented are quite different. Your faculty’s gender-equality plan is linked on their equal opportunities officers’s website. |
Regulations regarding a child’s relationships to its family are summarized under the term “Kindschaftsrecht” (meaning child reforms). This includes: the „Abstammungsrecht“ (right of descent), the „Sorge- und Umgangsrecht“ (custody right and right of access to children), the „Namensrecht“ (the right to use of a name), the “Adoptionsrecht” (adoption right), the “Kindesunterhaltsrecht” (childsupport) and the connected right to a lawsuit. Since this law is not directly connected to the compatibility of study- and family-life, we forgo to present detailed information. If you are not married or a single parent, it is worth to look into this brochure.
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Studying parents with a small income might have the right to claim social benefits. This matter is discussed in detail in the chapter “Finances”. Furthermore, parenthood is also considered in the BAföG-regulations. You also benefit in the legal nursing care insurance – you are paying a reduced contribution rate. Your child(ren) has / have the right (just like any other children have) to a contribution-free family insurance in the statutory health insurance. This right also applies, if you are under 25 and still insured with your parents. Regardless of this matter, you should decide on with whom your child will be insured with and talk to that health insurance.
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Contacts, besides the FamilyService
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