Arbeitslosengeld during/after Mutterschaft?

26 posts in this topic

I've read a lot of threds on the topic "Mutterschaft/Elterngeld/Arbeitslosgeld",

but couldn't find a suitable solution for our issue as my wife's case is a mixture of all of them.

 

First of all our employment/residence history in Germany:

I came to November 2007 on § 18 AufenthG, and my wife joined me on

dependent visa § 30 AufenthG in February 2008.

She is working Teilzeit since December 2008 and her job contract ends in June 2010.

She is expecting baby in July 2010.

 

So far I came know that she can't avail Elterngeld as she has neither

completed 3 years of residence nor worked for 2 continuous years in Germany.

Please correct me if I am wrong.

 

Now my questions are :

1. Can she avail Arbeitslosengeld DURING her Mutterschaft (that is 6 weeks

before and 8 weeks after the delivery )?

2. Can she avail Arbeitslosengeld AFTER her Mutterschaft?

2.1 If Yes, can she choose to remain at home for 6 months after delivery

(Mutterschaftsurlaub) and avail Arbeitslosengeld during this period?

2.2 In case if she is NOT eligible for Mutterschaftsurlaub, can she go on

holidays for 2 or 3 months while availing Arbeitslosengeld?

3. Can she avail Elterngeld once she becomes eligible after 3 years of residence?

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Hi Kamoj,

 

this is what I think about it (for definitive answers, check with your Krankenkasse and the local Elterngeldstelle):

 

1. Receiving Arbeitslosengeld during Mutterschutz is definitely not possible, because the mother (to be) cannot be employed during that time (6 weeks before and 8 weeks after delivery)

 

2. Your wife could get Arbeitslosengeld after the Mutterschutz period if she registers with the Arbeitsagentur and is ready to take up a job at short notice (i.e. child care is organised). The German wording is "dem Arbeitsmarkt zur Verfügung stehen", which means "being available for the job market", without practical hinderances such as lack of child care.

 

2.1. What you call Mutterschaftsurlaub is Elternzeit (up to 3 years for each parent, 12 or 14 months of which are paid, see Elterngeld). Receiving Elterngeld and Arbeitslosengeld exclude each other (both are 67% of the former net income). To me it looks like your wife would be eligible for Elterngeld, see the relevant law BEEG, §1, (7), 2., provided her work permit is not based on §18 paragraph 2 Aufenthaltsgesetz and tied to a maximum period of time set by the Arbeitsagentur. This sounds a bit complicated, so in order to be sure, I recommend seeking further info at the Elterngeldstelle.

 

2.2. Registering as arbeitslos and going on extended holiday is not possible, because this would mean not being "available for the job market".

 

In your wife's particular situation, in my understanding, she would receive Mutterschaftsgeld for any overlapping period of time between Mutterschutz and end of contract (= 13 Euro/day from the Krankenkasse plus rest of the net salary from employer) and after the end of the contract for the remainder of Mutterschutz a payment by the Krankenkasse (70% of the net salary). What happens if the Mutterschutz period begins after the work contract ended, I'm not sure.

 

Best wishes to you and your wife!

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hey Rainydays, thanks a lot for your wishes and the detailed answers.

 

1. Ok. So during this period she can earn Mutterschutzeld.( pls ignore "Muttershaft")

 

2.1. What is meant by "child care is organized". Do we have to show a Kindergarten reservation or something like that , even before the baby is born?

 

2.2. Yeah, it is a bit complicated. But I am sure this is just a tip of the iceberg "German laws" :-)

As far as Eligiblity for Elterngeld is concerned:

- We both are Non-EU citizens.

- As I mentioned earlier my wife is holding "§ 30 AufenthG" dependent visa.

- It is written on her visa that she is take up employment on the approval of Ausländeramt/Arbeitsagentur.

- During the termination of her contract, she would be completing 18months of employment / 28months of residence in Germany.

So under these circumstances, I am confused whether she is eligible for Elterngeld or Arbeitslosengeld or in worse case nothing?

 

My wife prefers to take a little break of say 6 months after child birth, and then try and find a new job.

So we are thinking of which social benefit will she be eligible.

To make this matter clearer, whom shall we approach .. Elterngeldstelle or Arbeitsamt?

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Sorry for the late answer:

 

1. Mutterschaftsgeld should be applied for at your Krankenkasse (BTW, the period of time is called Mutterschutz, the payment Mutterschaftsgeld).

 

2.1 Lack of childcare is often a barrier to returning to the workplace, so the Arbeitsagentur person will certainly ask about it, but may also have tips for finding a solution, e.g. a crib (Kinderkrippe), or a private Tagesmutter. BTW, I checked again, and it's possible to get Arbeitslosengeld and Elterngeld at the same time, with the redundancy payment being counted against the Elterngeld, so that only the basic sum of 300 € Elterngeld is paid along with Arbeitslosengeld. The choice your wife has (to me it looks as if she is eligible to Elterngeld) is either get only Elterngeld, and then, should she be unemployed after that period, Arbeitslosengeld, or Elterngeld (300 €) plus Arbeitslosengeld at the same time. The latter solution would mean being at the ready for appointments with the Arbeitsagentur, writing applications, and having arranged childcare.

 

It's also possible to work part-time (up to 30 hours) while receiving Elterngeld.

 

2.2 I think your next stop should be the Elterngeldstelle. They will be able to tell you if you're eligible for Elterngeld. IMO the restrictions you cited (3-year residency) don't apply to you. You won't be the first Non-EU expat to ask about it.

 

Your wife could register with the Arbeitsagentur now as "arbeitssuchend" (because she is not yet unemployed or "arbeitslos"), but then there will be the Mutterschutz break during which she can't be employed, so IMO it's not so pressing except if she decides to apply for Arbeitslosengeld (starting after Mutterschutz).

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@RainyDays :Thank you once again for the detailed answers.

So we've decided to register as "arbeitssuchend", and at the same time contact the Elterngeldstelle about the eligibility criteria.

I'll keep sharing the updates on this topic...

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Hi Kamoi,

 

I am exactly in your wife's situation, having my contract ending on June and my baby coming on July. I asked around, please don't take all for granted, but my understanding is that she has Muttershutzgeld 6+8 weeks: until the end of June it's both from the employer and the health insurance, after that she gets only the health insurance part. Then, she can decide to ask for elterngeld (this is possible only once the baby is born, as they require the birth certificate), which is around 70% of the average income in the last year, and it lasts 12 months. If she decides to register to the Arbeitagentur and ask for Arbeitlosgeld she should do that whithin 3 month from the end of the contract and be ready on super-short notice (24 hrs) to partecipate to courses for training or to go back to work. Or, she can register when she is actually ready to go back to work, and then she renounce to the elterngeld.

 

Hope this help

Best

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Wow. I have just understood a lot more from this post than trying to trawl through the German websites! Thank you so much!!

 

I hope I can add by giving my situation which is slightly different than the OP but with very similar questions! I have understood most things I think but still have a few points I could do with being cleared up.

 

I have been living in Germany for one year and a half with my husband and am currently on a one-year contract which will come to an end, 31st July 2010.

I am also pregnant, baby due end of October. This puts my Mutterschutz period from mid-Sep to mid-Dec, during which I will be unemployed. I have been worried about this lately but am starting to realise that the German system seems to have good structures in place.

 

Ok, so I see that I may have to deal with three different places : the Arbeitsagentur for Arbeitlosengeld, the Krankenkasse for Mutterschaftsgeld, and the Elterngeldstelle for Elterngeld.

 

Here are my questions:

 

- I will have the month of August and couple of weeks in September, before Mutterschutz starts, unemployed. However, given the situation, I will not actually be actively looking for work! Now, I don't know how complicated it is to register for Arbeitslosengeld or whether I could register only later, after Mutterschutz (I know that you are meant to tell 3 months in advance when you know you will be unemployed in advance...) but, from those of you who know the system, do you think it would be possible (bearing in mind that I don't want to have to pretend during the month of August that I am looking for work! Chances are I will be on holiday, which I know you're not supposed to do while unemployed...) to register for Arbeitslosengeld for that 6 week period between my end of contract and Mutterschutz?

 

- During the Mutterschutz period of 6 + 8 weeks, I will receive Mutterschaftsgeld from the Krankenkasse... this is 70% of net previous salary, right? When do I need to approach the Krankenkasse for this?

 

- After baby is born, if I understand rightly, I have the choice between receiving Arbeitslosengeld or Elterngeld, both of which are 67% of previous salary. If I choose Arbeitslosengeld I have to prove that I am actively looking for work, which I'm not sure I will want to be doing. What then, are the conditions for receiving Elterngeld?? There must be a catch somewhere, no? And you can claim Elterngeld for one year. Given that we will most probably be leaving Germany after that first year, then Elterngeld seems a good choice to me, as long as we are eligible...

 

I am so glad that things are becoming slowly clearer! I will now be able to start relaxing and enjoying the pregnancy even more knowing that there will be financial support coming from somewhere.

Thank you for any advice!

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Hi Chicita,

 

here's what I think (I'm not an expert either, so in order to be completely sure check with the relevant offices):

 

1. In order to be eligible for Mutterschaftsgeld, you yourself need to be insured in a public Krankenkasse. That means non-employed housewifes who are insured via their husbands don't have a claim to Mutterschaftsgeld. Since your work contract ends before Mutterschutz starts, you'd have to register as unemployed in order to keep your status of being independently insured. As you write, people are required to register at least 3 months before the known end of a work contract, so that means registering at the Arbeitsagentur at the begin of May if the contract expires on July 31th. Within this 3-month-period, you first register as "arbeitssuchend", then after the employment ends as "arbeitslos". I don't think that you will have to deal that much with the Arbeitsagentur during August until mid Sept., given your pregnancy and the subsequent non-existant demand from employers. It should be possible to go on vacation (3 weeks/year are possible while unemployed), but informing the Arbeitsagentur beforehand is necessary.

 

2. The application for Mutterschaftsgeld should happen 7 weeks before the presumed date of delivery (you'll need a form competed by your gyn or the Hebamme no earlier than 7 weeks before the date of delivery). See info (in German)

 

3. After giving birth, you have the choice between receiving Arbeitslosengeld + Elterngeld at the same time (in that case Arbeitslosengeld is counted against Elterngeld and as Elterngeld you'd only get the minimum of 300 € and you'd also of course use up your claim to Arbeitslosengeld), or just applying for Elterngeld, and from the info you give, I don't see a catch.

 

Best wishes!

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This thread has been really helpful!!

 

Can anyone confirm what the amount (percentage salary) of Mutterschutzgeld would be if one is on unemployment benefit beforehand? I will have worked in Germany for 16 months, insured with TK, therefore will be entitled to unemployment benefit payments of 60% of my previous salary. Would the payments stay the same when moving from unemployment benefit to mutterschutzgeld? Or would it go down to the minimum amount paid out (something like €300 per month)? I assume that there is no way that the mutterschutzgeld payments would be 100% of the previous salary!?

 

Thanks!

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Just found the answer to my question here!

 

Seems like it would remain at the same level as the unemployment benefits.

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hi all,

 

a big thanks for all for u for sharing information in this thread. have been going through it and find it really useful. I am in a very disturbing situation at present. hope someone can help me out here.

 

I have been working here in Germany for 2 years from august 2007 until end july 2009. my company went into insolvency and was laid off end of july 2009. after that I have been receiving unemployment money(ALG1) from the state. i have a public insurance from TK and at present it is being covered by the arbeitsamt.

 

My unemployment money 1(ALG1) is until the end of october 2010. nevertheless I am 2 months pregnant right now.

 

1.could anyone pls tell me as to what would happen to my insurance after end of october? will the state support me with my insurance until the child birth or how would they handle it?

2. am i eligible for elterngeld and mutterschaft geld if i deliver after end of october(which is the obvious case)?

3. am i eligible for ALG2 after the end of ALG1 since i am pregnant?

 

additional piece of information is that my husband is working here in germany but has a private insurance.

 

ur information here is much appreciated. thankyou so much in advance.

 

regards,

anita

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I can't comment for certain on the other questions, but since your husband is working the chances of you being able to collect ALG II at all, regardless of pregnancy, are almost certainly nil.

 

You probably are eligible for Elterngeld, but since you have no job to return to after it's over, I would think that you would only receive the minimum amount. IIRC, you would have your health insurance paid while collecting Elterngeld as long as you are not privately insured prior to collecting Elterngeld. This can be tricky, so I recommend that you check with Starshollow or johng to get your insurance cover right after the expiration of ALG I with your Elternzeit in mind.

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Hey there!

here's my update... our little a cutie arrived and we are quite occupied with her, but really enjoying this time..

Bad news is my wife is being denied of Elterngeld as she is not yet 3 years resident in this country. As a non-EU citizen the applicant must possess NE or completed 3 years of residence. So I think it doesn't matter whether she worked or not during the 1 year period prior to child birth.

At the same time they have kept the doors open - once she is eligible she can re-apply . So after 5 months we will try our luck again.

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Congratulations on your baby, and thanks for reporting back in this thread. Just out of interest, was the Mutterschaftsgeld paid without problems?

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Thanks RainyDays..

Yeah, our Mutterschaftsgeld was paid by the medical insurance without any hassles. The amount was paid promptly before after the child birth - it was a pleasant surprise.

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I am in a similar situation to your wife Kamoj. My work contract ends on 30.06.11 but am expecting and due on 1.8.11. Therefore, maternity leave would start 2 weeks before my contract finishes. I assume that my employer will only be liable to pay the first two weeks of maternity leave? Does the government then pay the remaining 12 weeks? Was your wife paid her full monthly salary for the entire 14 weeks? Or did it go down to the unemployment benefit amount (i.e. 60% of her monthly salary).

 

Sorry for all the questions!

 

Thanks,

Catherine

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I just wanted to update the post to say that if your contract runs out whilst on Mutterschutz then the Krankenkasse pays you 70% of your gross monthly pay OR if that is higher than your net monthly pay then you get 90% of your net monthly pay. Well that is what the Techniker Krankenkasse advised me today. I assume other Krankenkasses are the same.

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Does anyone knows what happens if the Mutterschutz period begins after the work contract ended? Will the mutterschaftsgeld be paid during in this case? And if yes, then how much?

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It seems very difficult to get any info on these topics without knowing much German. I have another related question: If the work contract ends before the start of Mutterschutz period, who pays for the health insurance during 6 weeks before birth of child and 8 weeks after birth of child? The arbeitsamt would not be paying because in this period I cannot work and hence no money from arbeitslosgeld :(

 

I think following two options maybe possible:

 

1. I pay it myself : In this case, how much will I have to pay for health insurance? and how much will be the amount of Muttershaftsgeld?

 

2. I move to my husband's insurance : Will I be paid any muttershcaftsgeld in this case? If yes, how much?

 

Hoping someone can help

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