Paternity Leave: Rights and Job Protection in Germany

 

A couple of days ago I had an interesting conversation with both an American and a German guy about parental rights for employees in Germany. I think it was an interesting talk, because it was really enriching to better understand each country´s point of view about the necessities  and labour rights of parents-to-be.

To write this post, I thought that it would be interesting if I answer all the questions that the american (let´s call him Sam) asked to our german friend, so that we can better understand how parental leave works in Germany, which are your rights during this paid time off work and, last but not least, which are the most important german terms you should learn if you are expecting a baby in Germany.

 

How does the paternity leave work?

  • As an employee, you are entitled to parental leave until your child turns three.
  • Both parents can take time off work to enjoy their newborn (or newborns). Therefore, the parent intending to do this must apply seven weeks in advance. Do not worry because during this period your job will remain open to you and your contract cannot be terminated by your employer.
  • Parental leave can be taken by the mother and the father individually or jointly. Grandparents and other relatives can also take parental leave under certain circumstances, for example if the future parent is a minor.

What paternity pay and/or benefits can I claim?

  • Mothers are entitled to full pay during the first 14 weeks. This is known as mother protection time. However, both parents can claim some parental benefirs if they are on leave during the first 12 months after the birth.
  • This benefit is called “Elterngeld” and it is fully explained together with other important legal german words at the end of the post.
  • Important reminder: Those receiving parental benefit (Elterngeld) are still allowed to work part time up to 30 hours per week.

Can I extend my leave?

  • Usually, changes to parental leave or unplanned extensions must be agreed with the parent´s employer.
  • The extend leave is known as “Elterngeld Plus”. In this case, parents may get 28 months of financial support if  both parents work part time up to 30 hours per week at the same time. If so, the applicable percentage is the 65% of the difference between the average nett income before the birth plus earning post-birth.
  • The idea behind the “Elterngeld Plus” is to  “give mothers and fathers more time for family and greater flexibility”, said the former federal family minister Manuela Schwesig.
  • Important information: Parents can choose between Elterngeld or Elterngeld Plus, or they can combine both models. Let´s see this with some examples:

 

Can I travel while I am in paternity leave?

  • From a legal point of view, there is no problem to travel aborad while enjoying paternity leave. However, if you plan a long stay abroad you should be sure that the Krankenkasse (health insurance) takes over the cost in case of illness. In general, german health insurances covers up to six weeks when travelling outside the country. Afterwards, you have to insure yourself and your family privately.
  • Important information: This rule always applies – regardless of whether you travel during parental leave or just like that – but many people tend to forget it 😉

I struggle with the germans word, could you please explain me the most relevant ones?

Mutterschutz

This is the most important word: Maternity leave.

The “Mutterschutz” is considered a period of time to prepare yourself to welcome your baby, as well as a time to rest after the delivery.

Some important information you should take into account:

1. In total, the mutterschutz last 14 weeks. As a mother-to-be you can enjoy the 6 weeks before the delivery to prepare yourself for that moment. After the child´s birth you still have 8 weeks to rest and to enjoy your newborn (extended to 12 weeks in case of  multiple births).

2. The health insurance (Krankenkasse) covers a maximum of 13€ per day with a limit of 390€ per month, the rest is covered by your employer. Let´s see how it works with an example:

Frau Müller (traditional german name 😉 ) earned 2.800€ gross per month during the three months previous to the birth, which means that she earned 1.950€ net salary per month. If we calculate how much did she earn per day during the past 3 months, we can see that her net salary per day was 65€ (1.950*3 = 5.850€/90 = 65€). In this case, the Krankenkasse covers 13€ and the employer 52€.

3. In the case that Frau Müller had a private health insurance, she will receive 210€ in a single payment.

4. During maternity leave you will keep receiving your salary (Mutterschaftgeld)

5. Your job remains open to you and your contract cannot be terminated by your employer during the Mutterschutz because you are protected by Maternity Protection Act (Mutterschutzgesetz).

 

Elterngeld

Elterngeld is a tax-financed payment for couples who became parents. This subsidy will be paid during the first 14 months after the child´s birth and it must be divided between both parents.

The amount of the elterngeld is based on the after taxes income of the parent which ask for it. A person who earns less than 1.000€ per month will get between 100% and 67% of his net income, however, a person with a net income higher than 1.240€ per month will receive 65% of it (with a limit of 1.800€ per month).

Who can get this subsidy?

  • People who recently became parents
  • Parents of adoptive children
  • If the parents of the newborn didn´t work in the months previous to the child´s birth, they will receive a subsidy of only 300€ per month
  • Multiple births – In this case the parental allowance increases by 300€ for each additional child
  • If the beneficiary earned more than 250.000€ in the calendar year preceding the child´s birth, there is no entitlement to Elterngeld

Elternzeit

Elternzeit is a paternal leave provided by the employer, which can be taken any moment during the first three years of the newborn´s life.

This parental leave can be a full suspension of working hours or a reduction of the working day.

Both parents have the right to go on parental leave. Let me show you some examples to better explain how it works (these are real cases of friends of mine):

– Example A: Some friends of mine decided to divide their Elternzeit between both of them, therefore, each of them took 6 months of paternal leave (first the mother, and the last 6 months the father). Both parents enjoyed a full-time paternal leave so that they could enjoy the first year of life of their son.

– Example B: Other friends of mine decided to divide their Elternzeit in a different way. In this case, the mother took a 12 months parental leave after Mutterschutz and the father enjoyed 2 months of parental leave, one month in August (to enjoy some summer time with his daugther) and the second month once his wife´s parental leave ended, so he could spend some time with his daugther before she started the kita (kindergarden for babies).

During Elternzeit both parents are protected by law, any termination of employment is invalid during this period. That means that neither the employer nor the employee can terminate the employment contract.

When should I apply for Elternzeiz?

7 weeks in advance.

This is easier for mothers-to-be, since they have 8 weeks medical leave after the child´s birth. However, fathers have to ask for parental leave 7 weeks before the birth takes place, if they want to go on family leave right after the child´s birth.

Your turn

What about you? Did you have children in Germany? Have you ever ask for parental leave in Germany? Was the process complicated?

I still remember the american´s face when our German friend explained him how does the Elternzeit (Parental Leave) works. Alhtough, to be honest, also in Spain we don´t have such a great work-life balance. In fact, this is a quite sensitive topic in my home country…

How does work-life balance work in your home country? Do you also benefit of parental allowences, elternzeit and such things? Feel free to share your experience by leaving a comment below 🙂 or via social networks.

 

 

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