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BSG clarifies parental allowance after pregnancy-related illness
If a woman is on sick leave for a long time because of a miscarriage and a subsequent depression, this should not lead to less parental allowance if she is pregnant again and gives birth to a child. Depression is a "pregnancy-related illness", so when calculating parental allowance, periods of sick leave and the associated lower income are not included, ruled on Thursday, March 16, 2017, the Federal Social Court (BSG) in Kassel (ref .: B 10 EG 9 / 15 R).
A woman from Bavaria had sued and had another miscarriage in autumn 2011. Because of the miscarriage, the woman developed depression. Her doctor then wrote her sick.
She was only able to work again in December 2012. Then she was pregnant again. This time the pregnancy ended happily. In April 2013, she gave birth to a son.
The new mother went on parental leave and applied for parental allowance. But this looks much less than expected.
Because the parental allowance office had taken into account the income of the past twelve months when calculating the parental allowance, including those times when the woman was on sick leave due to her miscarriage and depression and had lower income.
The mother considered this calculation to be incorrect. The law stipulates that “an illness that was largely due to pregnancy” must be disregarded when calculating parental allowance. Therefore, her higher earnings must be included in the parental allowance calculation before the miscarriage.
The state of Bavaria believed that times for a pregnancy-related illness can only be disregarded when calculating parental benefit if the pregnancy actually ended with the birth of a child for whom the mother is receiving parental benefit. However, this was not the case here.
However, the BSG agreed with the mother. According to the wording of the law, “a” pregnancy is sufficient so that illnesses and incapacity for work that occur are not taken into account when calculating parental allowance. The applicant could therefore request that the parental allowance be calculated on the basis of the income it had achieved before the miscarriage. The time of her illness is not taken into account in the twelve-month period.
It does not matter whether the disease-causing pregnancy ended with the birth of the living child or whether the disease only occurred after pregnancy.
Because the legislator wanted to absorb the special health risks of pregnancy, said the 10th BSG Senate. These risks should not result in mothers receiving lower parental benefits. fle / mwo