Mutterschutz: protection of the mother
The Mutterschutz protects the pregnant mother. She is not allowed to work in the six weeks before the expected date of birth or in the eight weeks after, extended to twelve if the birth was premature or multiple. During this period she receives her full salary.
The benefit (Mutterschaftsgeld) is paid by the health insurance fund and the employer tops up the difference up to the full net salary. In addition, the worker cannot be dismissed during the pregnancy or in the four months following the birth.
Elterngeld: the shared benefit
The Elterngeld is the benefit for caring for the baby and can be claimed by both the mother and the father. It is received for a maximum of fourteen months in total, but only if both parents share at least two months each. If only one parent claims it, the cap is twelve months.
The amount is calculated on the previous net salary: between 65% and 67%, with a minimum of €300 and a maximum of €1,800 a month. There is the Elterngeld Plus variant, which pays half for twice as long, designed to be combined with part-time work.
Elternzeit: parental leave
The Elternzeit is the right to unpaid leave of up to three years per child, which either parent can take or which can be shared between both. It can be requested until the child turns three, and can be split into blocks.
During the Elternzeit the job is protected: when it ends, the employee has the right to return, even part-time. It is the piece that allows parents to extend the care without losing their job.
What the company pays and what the State pays
The company pays the Mutterschutz top-up up to the mother's net salary, and continues paying social security contributions during the leave. The Elterngeld is paid by the State, not the company, but the payroll and the application are still managed with the employer.
For a small GmbH, the direct cost of maternity leave is limited: the mother's salary does not need to be paid during the Mutterschutz beyond the top-up, and the Elterngeld comes from public funds. The real challenge is organisational: covering the position for months.
What it means for your GmbH if you hire
If your workforce in Germany includes young people, assume that some maternity or paternity leave will come. The German system is generous in time, which means you have to plan replacements and know the Mutterschutz and Elternzeit deadlines well.
Using German labour advice avoids mistakes with deadlines and with the management of the Elterngeld, which is claimed from the administration and has strict deadline requirements. A mistake here can delay the employee's benefit by weeks.
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