Verdict Depression due to premature miscarriage must not reduce parental allowance

BSG clarifies parental benefit after pregnancy-related illness
If a woman is sick on sick leave for a miscarriage and subsequent depression for a longer period of time, this should not lead to lower parental allowance for a new pregnancy and childbirth. Because the depression is a "pregnancy-related illness", in the parental benefit calculation periods of sick leave and concomitant lower income therefore excluded, judged on Thursday, March 16, 2017, the Federal Social Court (BSG) in Kassel (Az .: B 10 EC 9 / 15 R).

A woman from Bavaria, who suffered a miscarriage again in autumn 2011, had been sued. Because of the miscarriage, the woman fell ill with depression. Her doctor then wrote her ill.

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It was not until December 2012 that she was able to work again. She was pregnant again. This time the pregnancy ended happily. In April 2013, she gave birth to a son.

The new mother went on parental leave and applied for parental allowance. But this much smaller, than thought.

For the parental allowance had taken into account the income of the last twelve months in the calculation of the parental allowance, including those times in which the woman was on sick leave because of her miscarriage and depression and had lower income.

The mother considered this calculation to be incorrect. The law provides that "a disease that was primarily due to a pregnancy", must be disregarded in the parental benefit calculation. Therefore, her higher earnings before miscarriage must be included in the parental allowance calculation.

The state of Bavaria said that periods for a pregnancy-related illness can only be disregarded in the parental allowance calculation if the pregnancy actually ended with the birth of a child for whom the mother draws parental allowance. This was not the case here.

The BSG, however, agreed with the mother. According to the wording of the law, "one" pregnancy is sufficient, so that any illnesses and work incapacities that occur during the parental allowance calculation are not taken into consideration. The applicant could therefore require a calculation of the parental allowance based on her income obtained before the miscarriage. The time of her illness is disregarded at the twelve-month period.

It does not matter whether the pregnancy-inducing pregnancy ended with the birth of the living child, or whether the disease occurred only after the pregnancy.

Because the legislature wanted to catch the special health risks of a pregnancy, so the 10th BSG Senate. These risks should not cause mothers to receive a lower parental allowance. fle / mwo