Maternity Leave in Germany: Expat Guide

Germany is often seen as a country of efficiency, professionalism, and high standards. This is perhaps in part due to how the country looks after those who work there. A host of employment benefits are available, ranging from sick pay to maternity leave, and most, if not all, are among the best in Europe. Maternity leave in Germany is one of the most generous and flexible schemes around. With job protection and up to three years of leave available if required, it eclipses much of what is available elsewhere in Europe.

In this blog, we look a little closer at maternity leave in Germany for expats, so you know exactly where you stand if you are planning on welcoming a new member to the family.

Maternity leave in Germany has wide coverage. If you work in Germany or have a German contract abroad, you’ll be entitled to maternity leave regardless of your nationality, income, or employment status. There are a few job roles that are currently exempt from maternity leave in Germany. If you work in agriculture, for example, you may not be eligible. Your employer will be able to clarify this, and should you find it difficult to get any information from them, the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth will be able to address your concerns.

Compared to much of Europe, the maternity leave scheme in Germany is generous. You are legally entitled to 14 weeks in total, six of which are before the child is born and eight for use once you give birth. This is further extended should there be more than one child born, if the birth is premature, if there are serious health concerns, or if a disability is found. In these cases, maternity leave is extended to 18 weeks.

During this time, you are not allowed to take on any form of employment unless you give consent that you wish to work. Luckily, and perhaps another perk of the German system, you can withdraw this consent at any time. Likewise, an employer can refuse a return to work in this period if they believe the recovery of the parent or the health of the child could be compromised.

The maternity benefit in Germany can be a little confusing. It is split into two parts: one paid by your health insurance provider and the other by your employer.

Average earnings are worked out based on the net earnings from the three months before maternity leave began. The health insurance provider then pays up to a maximum of €13 per day, with the employer covering the difference. However, much will depend on the type of health insurance you have and the type of employment you are in.

If you are employed and covered by statutory health insurance, the example we described above will apply. If you are self-employed, however, it is a little different. Self-employed workers who have voluntarily taken statutory health insurance with an entitlement to sickness benefit will receive a maternity benefit that equals the sickness benefit for the duration of maternity leave. To be eligible for this maternity benefit you must have been insured in Germany for one year, or two years over the past five years.

If you opted for private insurance, you are covered under a daily sickness allowance. This would replace the maternity benefit from statutory health insurance providers. In some cases, you may find that you are ineligible. In this instance, you would need to apply for maternity benefit from the Federal Social Security Office.

If you work but do not have statutory health insurance, you might be able to claim maternity benefits from the Federal Social Security Office. This is paid in a lump sum of €210 and then topped up by your employer. This is often the route for those not in the public health insurance system in Germany but may still work there.

Once you find out you are pregnant, you should inform your employer. Do this in writing, including the expected date for giving birth. Your doctor or midwife will provide you with a medical certificate that confirms your pregnancy and the expected date. Include this with your letter or provide it as soon as possible if you obtain it after informing your employer.

Giving your employer notice of your pregnancy secures not only your legal right to maternity leave but also protects your job. Employers in Germany are not allowed to terminate your employment from the beginning of the pregnancy and up to four months after the birth. This protection can be removed if you are found to be in breach of contract.

It is important to remember that maternity leave is different from maternity benefit. Your leave is your legal right to be off work to look after your child. The benefit is the financial support you receive.

You’ll need to apply for your maternity benefit at the earliest 7 weeks before your due date. The same certificate you show your employer will also need to be presented to your health insurance provider along with a completed form. You should then receive confirmation of your application and benefit in the post. If statutory health insurance does not apply to you, the Federal Social Security Office will instead need to process your application.

You can extend maternity leave in Germany if you wish, but it takes on a slightly different model and benefit structure. Once the 14 or 18-week period of standard maternity leave ends, you can choose to extend it if you wish. There is no obligation to do this.

Parental leave allows you to take unpaid leave for up to three years. It can be taken in one three-year block or spread into three separate portions. However, if you wish to split it, you must inform your employer at least 7 weeks in advance. One particular benefit of splitting the parental leave into blocks is that you can postpone the final two years and take it anytime between the child’s 3rd and 8th birthday.

You maintain job protection and can work up to 32 hours per week in a part-time capacity if you wish.

Of course, three years unpaid, should you choose not to work, is a long time, but as mentioned earlier, in Germany, they are efficient and ensure people are supported. This is where parental allowance comes in.

Once maternity leave ends, if you choose to take parental leave, you can claim parental allowance as a form of financial support. How much you will be paid depends on the salary you earned for a year before the child’s birth.

Payments range from 60-67% of the average earnings for those 12 months but are capped at a maximum of €1,800 per month and a minimum of €300 per month for twelve months. No tax is deducted, nor are any contributions to social security deducted from the benefit.

You can claim this benefit for just two months, but it cannot exceed 12 months unless both parents are claiming it. In this instance, the benefit is extended for a further two months. There are also upgraded versions of parental allowance.

Elterngeld Plus is the variation where parents receive payments for up to 28 months but at half of the regular amount per month. There is also a partnership bonus, which gives four additional months of the Elterngeld Plus payments if both parents work simultaneously for 24-32 hours per week for two to four consecutive months.

Like maternity leave, parental allowance is also open to non-German citizens if they hold a valid residence permit and have been paying into the social insurance system via their employment or other means to get full benefits.

Further testament to how Germany looks after its people is that Elterngeld can be combined with part-time work and other benefits, ensuring as much support for families as possible.

Raising a child can be expensive, stressful and thankfully in Germany they have a fantastic structure in place to help support families. For expats, life in a new country can be a little hard at times. That’s why it pays to secure the correct insurance to see that you aren’t caught out by any surprises. We provide comprehensive maternity care through our international health insurance, giving you full peace of mind that the best care possible is available for all aspects of your pregnancy. Why not speak to our team today to find out how we can help?