Maternity benefit can shorten parental benefit

BSG on flying change from maternity protection to father care
Kassel (jur). If a woman goes back to work immediately after the maternity leave, the father who takes care of the child can not claim parental allowance until the child is 14 months old. For every month in which maternity protection was paid is "used up" for the parental allowance claim, the Federal Social Court (BSG) in Kassel ruled in a judgment of the previous day announced on Friday, June 30, 2017 (Ref .: B 10 EG 6/16 R).

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According to the Elterngeldgesetz a parent can receive parental allowance for up to twelve months. If the other parent also goes on parental leave, the entitlement may extend to the 14th month of the child's life. For mothers is also the statutory maternity protection. This applies six weeks before the calculated birth of the child and up to eight weeks thereafter. Although the eight weeks can be within two calendar months, usually there are three. Statutory health insurance holders are entitled to maternity benefits during this period, which is increased by the employer.

In the case of dispute, the mother from the Heilbronn region went back to work after the end of her maternity leave in the third month of her life. The father took care of the child immediately afterwards in the same month and went for parental leave. He applied for parental benefit payments until the child's 14th month of age. The maternity leave of his wife would have to extend accordingly to the parental benefit claim.

However, the BSG refused. The father is not entitled to parental benefit payments up to and including the child's 14th month. If the mother receives maternity benefits until the child reaches the age of three months, this month will be fully credited towards the reference period of the parental allowance.

Here, the mother received maternity benefits for three calendar months. Of the total of 14 months parental allowance, the father therefore had eleven months left - here from the third to the thirteenth calendar month after birth.

The Kassel judges referred to a corresponding change in the law and therefore gave their different case law from the year 2011 on. fle / mwo