Federal Education Allowance Act

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Basic data
Title: Law on Education Allowance and Parental Leave
Short title: Federal Education Allowance Act
Abbreviation: BErzGG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Social law
References : 85-3
Original version from: December 6, 1985
( BGBl. I p. 2154 )
Entry into force on: January 1, 1986
New announcement from: February 9, 2004
( Federal Law Gazette I p. 206 )
Last change by: Art. 3 G of December 13, 2006
( Federal Law Gazette I p. 2915, 2917 )
Effective date of the
last change: 		January 1, 2006
(Art. 6 G of December 13, 2006)
Expiry: December 31, 2008
(Art. 3 Paragraph 2 G of December 5, 2006,
Federal Law Gazette I p. 2748, 2758 )
Please note the note on the applicable legal version.

The German law on childcare allowance and parental leave (Bundeserziehungsgeldgesetz) regulated childcare allowance and childcare leave from 1986 to 2006/2008 (since 2004: parental leave ). In the course of the introduction of the parental allowance , the regulations on childcare allowance ceased to apply on December 31, 2006. For parents of children born or adopted before January 1, 2007, the regulations on parental leave continued to apply for a transition period of two years. On December 31, 2008, the Federal Education Allowance Act finally expired.

For children or their parents born after December 31, 2006, the Federal Parental Allowance and Parental Leave Act applies .

content

Childcare allowance was available for the child's first and second year of life as an income-related family benefit. It was irrelevant whether the applicant was unemployed or not. For the third year of life there was state education allowance in some federal states.

There were two types of childcare allowance that one had to choose when applying to the childcare allowance office. The regular rate of 300 euros per month for two years or the budget for one year of 450 euros per month.

The main requirements for the childcare allowance were:

The maternity leave allowance has been taken into account so that no parental allowance may have been paid in the first eight weeks.

For example, the income limit for childcare allowance up to the age of six months was 30,000 euros for couples and 23,000 euros for the standard contribution for single parents. With a higher (half-) yearly income , there was no entitlement to childcare allowance. Income was the gross income reduced by advertising expenses and a flat rate of 24 percent for employees (or 19 percent for civil servants , soldiers and judges ). For each additional child, the income limit increased by 3,140 euros. From the seventh month of life, from 16,500 euros or 13,500 euros, the income is offset as a percentage of the payment amount.

If the entitled person was not gainfully employed while receiving the child-raising allowance, their income from previous employment was not taken into account ( Section 6 (6)).

During parental leave , the parents had a legal right to unpaid leave from work. The Federal Education Allowance Act was only relevant for employees . For civil servants , the slightly modified provisions of the Federal Parental Leave Ordinance and the parallel provisions of the federal states applied.

According to §§ 15 ff. , The prerequisites for the grant was initially that it was

It was also necessary that the employee looked after and raised the child himself. After all, the child was not allowed to be three years old. In the case of adopted children and children in full-time or adoptive care, however, it was sufficient if the child was taken into care less than three years ago and the child was not yet eight years old.

With the consent of the employer, it was possible that the parental leave was divided into two parts and one year was taken between the child's third and eighth year of life.

Since the amendment to the Education Allowance Act on January 1, 2001, the leave, known as “parental leave”, could also be taken jointly by both parents; until then, it was only possible to change parents. In addition, by changing the term from “parental leave” to “parental leave”, a devaluation of childcare work should be avoided.

In the case of parental leave, the employee was not entitled to continued payment of wages . In this respect, however, he enjoyed special protection against dismissal under Section 18 ; however, fixed-term contracts were not automatically renewed.

The employer may also mention parental leave in the job reference if the absence time represents a significant actual interruption in employment.

There was also a legal right to part-time work if the company had at least 15 employees and the working hours were at least 15 hours and a maximum of 30 hours per week. In principle, it was thus possible for the father to work three days a week (3 × 8 = 24 hours) and the mother two days (2 × 8 = 16 hours). In this case, both parents used parental part-time work at the same time. Since part-time parental leave was considered separately for each parent, the partner's part-time parental leave was not taken into account. This meant that both mother and father could each take part-time work with parents for up to three years.

The application should have been coordinated in advance under labor law. In general, this application could be made at any time up to the child's third year of life. In principle, it was therefore also possible to submit the application one year after the child was born. With regard to the timing of parental part-time work, the labor courts require a cooperative agreement between employer and employee.

Web links

Individual evidence

  1. ↑ Parental Leave Ordinance (EltZV) of November 11, 2004 ( BGBl. I p. 2841); expired on February 14, 2009 (BGBl. 2009 I p. 320, 325).
  2. ^ Draft of a law to change the term "parental leave". In: Drucksache 14/4133. German Bundestag, September 26, 2000, accessed on June 3, 2018 .