The Federal Ministry for Family Affairs has presented plans to reform the parental allowance scheme. The new regulations are set to apply to all parents whose children are born from November 2027 onwards. The draft bill is currently still undergoing inter-ministerial consultation and has therefore not yet been passed.
Shorter benefit periods, but greater involvement of fathers
Arguably the most significant element of the draft: the maximum period for which basic parental allowance can be claimed is to be reduced from the current 14 months to 12 months. In future, for parental allowance to be granted at all, each parent must take at least three months’ parental leave. Parents are free to divide the remaining six months between themselves or take them together. As before, single parents will be entitled to up to 12 months’ parental allowance and are exempt from the minimum participation rule.
Higher minimum and maximum amounts
At the same time, the amounts are set to rise slightly. The minimum monthly amount is to be increased from 300 euros to 330 euros. This will primarily affect parents on very low incomes or with no income prior to the birth. According to the draft, the maximum amount will rise to 1,900 euros per month; it currently stands at 1,800 euros. The income threshold for exclusion from parental allowance remains at a taxable annual income of 175,000 euros for couples.
Current arrangements
Anyone applying for parental allowance today will generally receive 65 per cent of the net income they would have earned during the twelve months prior to the birth. The state pays a minimum of 300 euros and a maximum of 1,800 euros per month. In addition to the standard basic parental allowance, there are two further options:
- Parental Allowance Plus: The payment is spread over up to 28 months, which means the monthly amount is lower. This is a sensible option for parents who return to part-time work early on.
- Partnership bonus: Parents are entitled to up to four additional months of ElterngeldPlus if both work between 24 and 32 hours a week and share childcare responsibilities.
Since the changes introduced in 2024, both parents may only claim basic parental allowance at the same time for a maximum of one month up to the child’s twelfth month of life. Premature babies and multiple births are exempt from this rule.
Special provisions for premature births
Parents of premature babies are entitled to one or more additional months’ parental allowance, depending on the degree of prematurity. The condition is that the child must have been born at least six weeks before the due date. The amount is calculated based on the number of weeks by which the child was born prematurely.
What does this mean for employers?
Employers are not entirely excluded from the parental allowance process. They have statutory obligations to cooperate, for example when issuing proof of income. An employer who delays paying wages may be held liable if this results in a lower parental allowance being calculated. This has already been confirmed by case law.
As the reform is still at the draft stage, it is advisable to seek advice in good time when making specific plans regarding parental leave and parental allowance, so that the right decisions can be made on the basis of the legislation currently in force.
Source: Haufe: Human Resources
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