Elterngeld Eligibility based on employment period 12 months prior to child's birth

28 posts in this topic

Hello, for the 12 months prior to my child's birth, I was both self-employed, and then employed. My wife took Elternzeit with Elterngeld for the first 12 months, and I want to take the last 2 months. My question is, what will the Elterngeld payment be based on if I worked both as a self-employed freelancer in the US and as a employee (Angestellter) at a German firm, in Berlin. Here are the details:

 

Kid's birth:

15 May 2015

 

My employment 1 year prior to the birth:

15 May 2014 - 30 Nov 2014: Self-employed in the USA

15 Feb 2015 - present: Full-time employment in Germany

 

Other fun facts:

EU citizen

Resident of Germany since 01 Feb 2015

Krankenkasse payments since 01 Feb 2015

DRV payments since 15 Feb 2015

 

I've already looked through several forums, and could not find any answers based on someone having a similar experience. Thank you!

 

Regards,

 

-Brockman

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Hah, good luck with those twits. I'm in a similar boat, but I was both partially a freelancer and an employee for the entire year prior to my child's birth at the end of June 2015. The total I had calculated based on income was around 1400, but I was given between 500 and 600. We think it could be linked to the pretty unfavorable laws for freelancers, but we are still to contest this and see. The other thing is, they asked for payslips for the whole of 2014 for some reason, which makes no sense if the calculation is based on the year prior to the child's birth. Would be good to see what you are told.

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It's been a while since I did the whole Elterngeld thing, but IIRC the work you did in the U.S. won't count at all. Only income taxed in the EU/EEA/Switzerland is counted.

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9 minutes ago, El Jeffo said:

It's been a while since I did the whole Elterngeld thing, but IIRC the work you did in the U.S. won't count at all. Only income taxed in the EU/EEA/Switzerland is counted.

 

Thanks kaffeemitmilch, I submitted all paystubs for the 12 months before the birth, let's see what they say!

 

Thanks El Jeffo. Do you mean they will calculate the Elterngeld amount based only on my income from the 3 months I worked in Germany?

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Yes, but I think they'll prorate it for the last 12 months - which means your monthly income will effectively be divided by four.

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HI

I am a freelancer english teacher.

I was told my my employer that I am not actually entitled to elternzeit (my partner has just taken 12 months) as I do not have an employee's contract and that they don't pay my health insurance and other contributions. I dont see how this is true, but I would appreciate to hear from someone in the know.

Best wishes

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Do they pay your health insurance and other contributions?  If so I guess you're employed and entitled to the standard array of benefits, defined by entitlement and contribution.

 

If you're self-employed though I don't see that it's anything your employer (i think to be properly self-employed you  need more than one employer) would fund.

 

When I taught English, privately and for a couple of language schools, I certainly would not have been paid sick pay or holiday pay by anyone.

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Hi batchfile

 

Thanks for your response.

 

The issue is more that they said I was not entitled to elternzeit (parent leave). They are not being asked for any benefits. They dont pay anything for me. I am truely self employed and yes, I am employed elsewhere. 

 

I just find it hard to stomach that they do not have to recognise parental leave for parents hired with them

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There are others far more expert than me davmg, hopefully they'll be along soon.  I know you were talking about time rather than money but I think it just goes with the self-employed thing - surely you can take whatever time you want off, you just wouldn't be earning any money?

 

Would these guys be able to advise you do you think?

http://rhein-sieg-kreis.de/cms100/buergerservice/aemter/amt57/artikel/08488/index.shtml

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Thanks batchlife

 

Appreciated- will look into it.

 

I am realising the reality; that freelancers aren't well protected by labour regulations etc.

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I'm back to being self-employed in England at the moment.  The advantage for me is I can earn more here but it still holds true that if I don't work I don't get paid.

 

Here's hoping you find something to help you.

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1 hour ago, davmg said:

 

I just find it hard to stomach that they do not have to recognise parental leave for parents hired with them

 

 

40 minutes ago, davmg said:

 

I am realising the reality; that freelancers aren't well protected by labour regulations etc.

 

I think that you're somewhat confused. 

 

Freelancing is a special type of self-employment; you determine when you're willing to work and for how long. If you don't want to accept a contract, just inform your client. From a customer service perspective it would be a good idea to give ample notice and perhaps recommend a colleague (if you can trust them not to poach your clients).

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Ok, Its old topic, do you know what happens when I was self employed in the UK and then worked for three months before birth in Germany. What documents do I show?

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24 minutes ago, AlisonVodden said:

Ok, Its old topic, do you know what happens when I was self employed in the UK and then worked for three months before birth in Germany. What documents do I show?

 

You are talking about Elterngeld (the last posts were about Elternzeit)?

 

Your UK income is irrelevant, only your german income is. So, your pay slips are the documents you'll have to sho (besides the other papers stuff). 

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17 minutes ago, someonesdaughter said:

Your UK income is irrelevant, only your german income is.

AFAIK income from EU, Switzerland and EWR counts towards Elterngeld.

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45 minutes ago, AlisonVodden said:

Ok, Its old topic, do you know what happens when I was self employed in the UK and then worked for three months before birth in Germany. What documents do I show?

I think you will need to show your UK tax return and German pay slips.

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13 minutes ago, vronchen said:

AFAIK income from EU, Switzerland and EWR counts towards Elterngeld.

 

No, sorry: See

 

Foreign (EU/Swiss) income did count – from 2011 to 2014 but in 2014 the highest german social court ruled that foreign income does not count because it was paid into a foreign social system. (Exemptions are only made for german Grenzgänger).

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1 hour ago, someonesdaughter said:

 

No, sorry: See

 

Foreign (EU/Swiss) income did count – from 2011 to 2014 but in 2014 the highest german social court ruled that foreign income does not count because it was paid into a foreign social system. (Exemptions are only made for german Grenzgänger).

 

My wife was employed in the UK and they counted it. Just in case somebody reads this thread... This was in 2016

 

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