Parental allowance plus even in the event of prolonged illness - current ruling
The Federal Social Court has clarified that Parental Allowance Plus can also be claimed if one parent falls ill for a longer period of time during the partnership bonus months and no longer receives continued pay (judgment of 07.09.2023, ref. B 10 EG 2/22 R).
In a recent ruling, the 10th Senate of the Federal Social Court (BSG) made it clear that the entitlement to Parental Allowance Plus does not expire if a parent falls ill for a longer period of time during the partnership bonus months and no longer receives continued pay. A man from Langenhagen in Lower Saxony had filed a lawsuit after the city had revoked the father's parental allowance because he had been ill for longer than the sick pay period. He should now pay back the benefits. This will now not happen following the BSG ruling.
Man falls ill during partnership bonus months - authority demands money back
The later plaintiff, who had received basic parental allowance from month 1 to 12, received parental allowance plus as a partnership bonus for the 14th to 17th month of his son's life. He agreed a reduced working week of 30 hours with his employer during this period. However, this agreement only lasted for just over a week, as the man became unable to work due to an inner meniscus posterior horn complex injury. For a further six weeks, the man received continued pay from his employer and then sick pay until he was able to return to work. A dispute now arose between the parental allowance office and the man, as the former canceled the benefit approval and demanded repayment of the transfers for the full four months. According to § 4 Para. 4 Sentence 3 of the Federal Parental Allowance and Parental Leave Act (BEEG), both parents are only entitled to four additional months of Parental Allowance Plus as a partnership bonus if both parents look after the child and work between 25 and 30 hours per week at the same time. In the eyes of the authorities, the plaintiff was no longer gainfully employed after the end of continued remuneration and the start of sick pay.
BSG: Parents also gainfully employed during illness
The father initially sued without success. The Social Court in Hanover ruled in favor of the authorities, as the man had not been gainfully employed during this time. At the LSG Lower Saxony-Bremen, however, the judges sided with the couple. The Federal Social Court has now finally confirmed the decision of the LSG. Even if parents are unable to carry out their work due to a temporary inability to work, they are still „gainfully employed“. It is important that the activity is limited to the prescribed number of hours per week, that the employment relationship continues and that work is likely to be resumed. Any other interpretation would contradict the aim of „Parental Allowance Plus“, as it provides economic security for the partner caring for the children while working reduced part-time hours. At the same time, the incentive function of the partnership bonus would be significantly reduced if the standard were interpreted differently. Entitlement to the bonus should not depend on random factors such as the occurrence of illness.
