Elternzeit general questions

406 posts in this topic

Hi,

 

I need some help if somebody can please. Sorry for the long post, but, I am trying to mention each and every detail.

 

  • I am non-EU and working here in Germany on work permit for 3 years. I came in March 2016 and have valid work permit till March 2019. My company's name is mentioned on the work permit.
  • I have here my husband and my daughter(7 years) as well with me as my dependents.
  • My husband is studying and doing a mini job currently.
  • I am pregnant and expecting a baby in November 2017.

I talked to my office HR and initially she asked me to go back to my home country. I searched on internet and luckily, also found a policy on my office website itself which clearly states that even I can avail maternity leave here - 6 weeks before due date + 1 day for child birth + 8 weeks after actual child birth and I showed to them.

So, now, they have agreed for the maternity leave till 8 weeks after child birth.

 

But the actual problem starts from here:

  • I am further interested to take Elternzeit after my maternity leave ends(January 2018); till March 2018. As, I want to breast feed my baby and time just after 8 weeks is too short I guess.
  • Also, the admission of a baby in Krippe is possible in April or September only in the area I am living. (That is another topic but, I am struggling for that too currently)
  • I told all this to my HR. But, my office HR is saying that your Work permit will lapse if I don't meet the minimum legal salary if I take further leave after maternity ends, as my husband is dependent on me.
  • Also, I have private insurance, which I am paying 50% from my salary and rest 50% my employer is paying. That I will have to pay after maternity ends.

Can anybody please help me what could be the solution? I don't want my work permit to lapse.

  • What is this minimum legal salary so that Work Permit does not lapse?
  • Will it be fine if my husband finds some full time job till that time, so, I can be dependent on him. Is there any limit for salary in that case? As I have heard that a dependent has same visa as the spouse.
  • Also, as far as I have investigated, I should be eligible to get Elterngeld as I paid the taxes and have all the salary slips since April 2016. Can anybody please suggest?

Help much appreciated.

 

Thanks,

S

 

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9 minutes ago, simusingh said:
  • I am non-EU and working here in Germany on work permit for 3 years. I came in March 2016 and have valid work permit till March 2019. My company's name is mentioned on the work permit.

 

Do you have a local German employment contract or have you been seconded here from India? Do you have a permanent contract?

 

9 minutes ago, simusingh said:
  • I told all this to my HR. But, my office HR is saying that your Work permit will lapse if I don't meet the minimum legal salary if I take further leave after maternity ends, as my husband is dependent on me.

 

What type of permit do you have?

 

9 minutes ago, simusingh said:
  • Will it be fine if my husband finds some full time job till that time, so, I can be dependent on him. Is there any limit for salary in that case? As I have heard that a dependent has same visa as the spouse.

 

If you want to change your permit, then your husband needs a skilled job.  

 

9 minutes ago, simusingh said:
  • Also, as far as I have investigated, I should be eligible to get Elterngeld as I paid the taxes and have all the salary slips since April 2016. Can anybody please suggest?

 

Have you also been paying social security contributions or only taxes here?

 

 

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Thanks much for considering.

 
Please find below my inputs:
1) My base location is India and I am here to work only for 3 years.

2)I am not sure, but, as per http://www.germany-visa.org/work-employment-visa/, it should be general employment 

3) Okay. So, job can't be for example: as a driver etc. It should be something like: IT professional etc.

4) No I did not pay anything except taxes.

But, I will like to add one of my colleagues(both husband and wife) working here same as my visa and duration.
They had a baby ahd his wife got the Elterngeld. So, I guess it should be possible for me too. I am worried about the work permit part.
But, in their case, as the husband was working, so, there was no problem.

 

Thanks,

S

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43 minutes ago, simusingh said:

1) My base location is India and I am here to work only for 3 years.

 

It sounds as if your are seconded (entsendet).

 

Quote

4) No I did not pay anything except taxes.

 

If you've only paid taxes (Lohnsteuer), and have not made social security contributions, you are not eligible for Elterngeld.

 

Quote

But, I will like to add one of my colleagues(both husband and wife) working here same as my visa and duration.
They had a baby ahd his wife got the Elterngeld.

 

I don't understand why she received Elterngeld if they were both only seconded to Germany. 

 

Quote

I am worried about the work permit part.

 

Since you are the main applicant, I'm not sure what would happen if you want to take unpaid leave. If you are not working, then the purpose for your permit no longer exists.

 

Do you have enough savings to be able to afford to live here (including health insurance) with only your husband's minijob?  

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On 4/1/2017, 7:49:56, ladymilz said:

...I am currently on Elternzeit until September (I took 12 months). We are thinking it would be nice to try for another baby in the next few months to have an 18-20 month age gap. 

What would be best:

1. Go back to work in Sept on my normal contract 

2. Extend my Elternzeit by 6/12 months and work up to 30hrs

 

Well, I'd think #1 if you go back full time (or more than 30 hours if you only work part-time), then you'd get the most Elterngeld when it's time to take Elternzeit again.

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@simusingh  Look in your secondment contract. What does it say about medical issues while being abroad?  What I don't know and what needs to be clarified is if you have pregnancy protection under Germany law although you are seconded here. I would say yes (meaning they cannot fire you and have to give you time off before and after the birth), but the Mutterschutz is paid by your company (6 weeks before, 8 weeks after). You probably are not eligible for Elterngeld because as you wrote, you didn't make any social contributions, only paid income tax. 

 

I wish your topic could be split because this is an interesting twist on Elternzeit questions, no pertinent, I think to normal Elternzeit queries.

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Thanks both of you for replying.

Seems joining back immediately after maternity leave i.e. around mid-January is the best option.

Will need to figure out where to leave the baby while at work. Hard time.

 

Anyways, @engelchen, yes I have enough savings with me, even if I need to pay health insurance from my pocket.

It is just a matter of half January, February and March. April, anyways I will surely join back.

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On 9/15/2017, 2:25:01, simusingh said:

... yes I have enough savings with me, even if I need to pay health insurance from my pocket.

It is just a matter of half January, February and March. April, anyways I will surely join back.

 

Yes, this is one of the crappy things about being privately insured. During Elternzeit (after Mutterschutz I believe), you will have to pay the companies half plus your own for health insurance. 

 

I don't know if returning immediately after Mutterschutz is over is the best option, but it might be the only one. Can a relative from India come and support you? They can get a visa for a few months. Again, your case is special. You need to talk to your HR department here in Germany. It's their job to find out your rights. 

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Hi,

 

Thanks for getting back.

Update from my side:

I went to Elterngeld office in Nuremberg and they checked my Residence Permit and Work Permit and as per them, I am eligible for Elterngeld. 

I also went to Rathaus to know whether there could be any issue with my WP during Elternzeit.

As per them, if I get Elterngeld + have enough bank balance + my husband is working part time, all this we can show as proof and should be enough to prove that we can survive till I join back.

 

I am the one exploring and telling my HR all this :).

 

Let us see what she says now.

Also, I am trying to find out whether somebody can come from India just in case.

 

The only issue is Insurance now, have asked HR how to deal with it:

1) Pay from my pocket - all of it

2) Also, my husband's employer is ready to go for AOK insurance for whole family.

 

Hopefully, all things get sorted so that I can enjoy my time once the baby is here.

A big thanks this forum really helped me a lot. and I will keep exploring further, and will surely keep posted what happens in the end, if that could help somebody else.

 

Regards,

S

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17 hours ago, simusingh said:

...

 

The only issue is Insurance now, have asked HR how to deal with it:

1) Pay from my pocket - all of it

2) Also, my husband's employer is ready to go for AOK insurance for whole family.

.

 

 Here I'd ask one of the insurance experts on the board (@john g. and @starshollow) They give free, reliable advice.

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Thanks @engelchen, on my RP, under Anmerkungen, it is written 18 Abs. 4 S.1.

Which the lady at Elterngeld office confirmed is valid for obtaining Elterngeld.

If it was 18 Abs. 2, then, I would not be eligible.

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Hello everyone

 

I am soon to apply to my employer for Elternzeit and would appreciate some guidance on what needs to be in the letter. I have been through some of the forum pages; If there is a link to something I have missed please advise.

 

I want to apply for the full 3 years. I was told that I can apply for 3, and should I want to return to work earlier, I can do this. What I am asking is do I need to put in the application that I 'might' want to come back to work earlier, and also, is this actually true? I want to be sure before I submit it and nothing is left in doubt.

 

HR department doesn't want to support much and so far has given contradictory information to many others on many other topics. Standard response is 'learn the German rules yourself' for both German and non-German colleagues!

 

I want to get this right!

 

Thanks

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28 minutes ago, nerualrelyt said:

 

I want to apply for the full 3 years. I was told that I can apply for 3, and should I want to return to work earlier, I can do this. What I am asking is do I need to put in the application that I 'might' want to come back to work earlier, and also, is this actually true?

 

No (don't put that in the application) & no, not in general.

 

Generally you need the employers consent to return earlier and the employer can say 'no', for example because they hired a substitute and don't need two people on the job.  

 

There are (rare) exemptions nevertheless, so called "Härtefälle", cases of hardship: When your partner dies or falls ill and can't secure the families livelihood any longer. But those cases are, fortunately, rare.

 

An alternative to returning full time is to apply for part time, 15-30 hours per week, generally employers are more open to that. They could still deny it but only when they have "dringende betriebliche Gründe" or when it's a company with less than 15 employees.

 

Source 1, source 2 (both in German)

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1 hour ago, nerualrelyt said:

Hello everyone

 

I am soon to apply to my employer for Elternzeit and would appreciate some guidance on what needs to be in the letter. I have been through some of the forum pages; If there is a link to something I have missed please advise.

 

I want to apply for the full 3 years. I was told that I can apply for 3, and should I want to return to work earlier, I can do this. What I am asking is do I need to put in the application that I 'might' want to come back to work earlier, and also, is this actually true? I want to be sure before I submit it and nothing is left in doubt.

 

HR department doesn't want to support much and so far has given contradictory information to many others on many other topics. Standard response is 'learn the German rules yourself' for both German and non-German colleagues!

 

I want to get this right!

 

Thanks

 

Hi,

 

Be careful if you apply for 3 years because even if they say now that you can come back part time after one year, they aren't obliged to. I know a few people where I work who are still at home, unpaid, because it turned out there was no part-time position for them so they will only be able to return after Elternzeit. 

If you are certain that you want/need to return to work sooner, then I would recommend either returning full-time or changing your contract to reduced hours when you return (certain conditions apply). 

 

Good luck!

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18 hours ago, ladymilz said:

..Be careful if you apply for 3 years because even if they say now that you can come back part time after one year, they aren't obliged to. ...

 

Exactly, my boss suggested I apply for 2 with the option to extend the last year. The advantage is, at least in my company (over 50,000 employees world-wide), if I had come back to work after 2 years, I would still have had that 1 year to take at a later time, until the child is 8, I believe. Several of my colleagues did this and took their last year for the child's first year in school. There would have been no guarantee I could have returned to work after 1 year (because I had committed to 2, but that was an ok risk). 

 

What I did, I ended up taking almost all of my 3 years (my husband was seconded so I was able to go with him with no risk to my job) and I returned to work several months before my 3 years was up and worked as "Teilzeit in Elternzeit". This gave me the chance to try out how many hours a week I could manage working. Then once those 3 years were over, I changed my employment contract to 60% (24 hrs). During "Teilzeit in Elternzeit". 

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I have taken extra 2 months of Elternzeit as a father. My public health insurer HKK sent me a letter, that I have to pay for these 2 months, as I am not pflichtversichert (probably because my salary is above 55000€ and my wife is unemployed). Is there a way not to be insured during this time? Can I just call them and say thank you I don't want your insurance for this time or it's impossible? How much would it cost then? Frankly it was a surprise for me, because Germany has fame of a social country, but it seems that families with material situation as mine are rather discouraged from taking paternity leave in this way.

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2 hours ago, darck said:

I have taken extra 2 months of Elternzeit as a father. My public health insurer HKK sent me a letter, that I have to pay for these 2 months, as I am not pflichtversichert (probably because my salary is above 55000€ and my wife is unemployed). Is there a way not to be insured during this time?

 

No, health insurance is obligatory.

 

2 hours ago, darck said:

 

Can I just call them and say thank you I don't want your insurance for this time or it's impossible?

 

That's impossible, health insurance is obligatory.

 

2 hours ago, darck said:

 

How much would it cost then?

 

You need to tell the health insurance provider how much (less) you earned - the fees are income based. 

 

2 hours ago, darck said:

 

Frankly it was a surprise for me, because Germany has fame of a social country, but it seems that families with material situation as mine are rather discouraged from taking paternity leave in this way.

 

Health insurance is obligatory – whom do you expect to pay for yours?

 

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2 hours ago, darck said:

I have taken extra 2 months of Elternzeit as a father. My public health insurer HKK sent me a letter, that I have to pay for these 2 months, as I am not pflichtversichert (probably because my salary is above 55000€ and my wife is unemployed). Is there a way not to be insured during this time? Can I just call them and say thank you I don't want your insurance for this time or it's impossible? How much would it cost then? Frankly it was a surprise for me, because Germany has fame of a social country, but it seems that families with material situation as mine are rather discouraged from taking paternity leave in this way.

Apart from the legal issue, as someonesdaughter points out well and repeatedly, why would you not want yourself, wife and BABY to be health insured? Madness..sorry.

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