Maternity benefit can reduce parental pay claim

BSG on flying change from maternity protection to care by father
Kassel( jur).If a woman starts working right after the maternity leave, the father who takes care of the child can not claim parental allowance until the child's 14th month of life. The Bundessozialgericht( BSG) in Kassel decided in a judgment on the previous day, published on Friday, 30 June 2017, from the previous day( ref. B 10 EG 6/16), every month during which maternity leave was paid for the parental allowanceR).
Image: Waldbach-fotolia

According to the Parents' Benefit Act, one parent can receive parental allowance for up to twelve months. If the other parent is also on parental leave, the period of entitlement may be extended until the child's 14th month of life. For mothers, the legal maternity protection is also valid. This applies six weeks before the calculated birth of the child and up to eight weeks later. The eight weeks can be within two calendar months, but usually three. Statutory health insurers are entitled during this time to maternity allowance, which is imposed by the employer.

In the dispute, the mother, who came from the Heilbronn area, went to work again after the end of her maternity leave in the child's third month of life. The father took care of the child directly in the same month and went to parental leave. He applied for parental allowances up to the child's 14th month of life. The maternity protection of his wife would have to have an effect on the parental allowance.

The BSG, however, rejected this. The father is not entitled to parental allowances up to the 14th month of the child's life. If the mother receives maternity allowance until the child's third month of life, this month is fully charged for the period of parental leave.

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Here the mother had received maternity allowance for three calendar months. Of the total of 14 months' parental allowance the father still had eleven months left - from the third to the 13th calendar month after the birth.

The Kassel judges referred to a corresponding amendment to the law and therefore gave their different case-law from 2011.fle / mwo

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