Federal Parental Allowance and Parental Leave Act
| Basic data | |
|---|---|
| Title: | Parental Allowance and Parental Leave Act |
| Short title: | Federal Parental Allowance and Parental Leave Act |
| Abbreviation: | BEEG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 85-5 |
| Original version from: | December 5, 2006 ( BGBl. I p. 2748 ) |
| Entry into force on: | January 1, 2007 |
| New announcement from: | January 27, 2015 ( Federal Law Gazette I p. 33 ) |
| Last change by: |
Art. 1 G of May 20, 2020 ( BGBl. I p. 1061 ) |
| Effective date of the last change: |
predominantly March 1, 2020 (Art. 3 G of May 20, 2020) |
| GESTA : | I014 |
| Please note the note on the applicable legal version. | |
The Federal Parental Allowance and Parental Leave Act is a German federal law that came into force on January 1, 2007. Among other things, the law contains provisions on the compatibility of family and work , in particular on parental leave and the newly created parental allowance . The Federal Parental Allowance and Parental Leave Act was promulgated as Article 1 of the Act on the Introduction of Parental Allowance, which additionally regulates the crediting of the parental allowance to other social benefits as well as its tax treatment and repealed the rules of the Federal Parental Allowance Act applicable up to then with regard to parental leave.
The law on the introduction of a care allowance of February 15, 2013 added a section to the BEEG which regulates the entitlement to the care allowance . The change in law came into effect on August 1, 2013. Since then, parents have been able to receive childcare allowance for up to 22 months following parental allowance if they do not have their child cared for in a publicly funded day-care center or in a day- care center , but instead look after their child at home or have it cared for by a non-publicly funded agency. This applies to children who were born after July 31, 2012. The care allowance was initially 100 euros per month. Since August 1, 2014, 150 euros per month have been paid.
On February 20, 2013, the SPD-led Hamburg Senate initiated a judicial review procedure against the Care Allowance Act at the Federal Constitutional Court . The Senate questioned the legislative competence of the federal government and also considered the Care Allowance Act to be incompatible with the principle of equality (Article 3) in the Basic Law . The 2nd Chamber of the First Senate of the Federal Constitutional Court did not accept the constitutional complaint for a decision due to the lack of prerequisites for acceptance.
Individual evidence
- ↑ Childcare Allowance Act of February 15, 2013 ( Federal Law Gazette I p. 254 )
- ↑ Hamburg is suing the Care Allowance Act, press release by the Ministry of Labor, Social Affairs, Family and Integration of February 20, 2013
- ↑ Constitutional complaint against taking parental leave into account when calculating parental allowance unsuccessful. In: press release. Federal Constitutional Court, June 29, 2011, accessed on February 21, 2020 .
literature
- Inge Böttcher, Bettina Graue: Federal Parental Allowance and Parental Leave Act. Basic comment on the BEEG . 4th edition. Bund-Verlag, Frankfurt am Main 2014. ISBN 978-3-7663-6275-9 . /
