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German parental leave – your guide

Parental leave in Germany may seem amazing, but it is also complex and can be confusing, especially to a foreigner. In this week's JobTalk, The Local brings you a guide to what working mums and dads can expect.

German parental leave - your guide
A father on "elternzeit" with his child. Photo: DPA

The German system appears relatively gender-equal, with mothers and fathers granted the same leave entitlements, and rules allowing for both parents to devote large periods to both family and career in turn.

But despite this, a recent Forsa poll of 1,000 fathers and stepfathers between 20 and 55 suggested that just 38 percent of dads of children under six chose to take no parental leave at all, and 80 percent of fathers overall only stayed off work for two months after the birth.

Despite this, 81 percent of working dads said they thought a good father should spend as much time as possible with his children.

How much leave am I entitled to?

Both parents come under the same system of “elternzeit” (parental leave) so mothers and fathers can be confident their jobs are protected by the law for as long as they like until their child turns three. This includes step-parents sharing in the child's care.

Mothers, meanwhile, also have six weeks of compulsory paid leave before the birth and eight weeks afterwards. This is extended to 12 weeks following premature or multiple births.

How does it work?

The parent intending to take time off work must apply seven weeks in advance, and must limit their periods of leave to two during the three years – but each period can be as long as they want.

Additionally, if a parent takes a whole year of parental leave they cannot take any in the following year without their employer's permission.

Grandparents and other family members can also take parental leave under certain circumstances, for example if the parent is a minor.

What paternity pay and/or benefits can I claim?

Mothers are entitled to full pay during the six weeks before, and eight weeks after, the birth, known as “mother protection time”.

Both parents can claim parental benefits – if they are on leave during the first 12 months after the child's birth, along with two extra “partner months” of benefit if the couple claims jointly rather than separately.

The benefit is calculated at 65 percent of the parent's previous monthly salary, though it gets boosted slightly if they were earning €1,000 or less. Those with more young children also get a 10-percent (or a minimum of €75 a month) “sibling bonus”.

The total benefits are ring-fenced at a minimum of €300 and maximum €1,800 per month, while parents who were unemployed can also claim at least the minimum €300 a month.

Those receiving parental benefit are still allowed to work part-time up to 30 hours a week. And if their existing job is at a company with more than 15 employees, they are entitled to 15 to 30 hours part time work per week, unless the firm has specific reasons for not offering it.

Can I extend my leave?

In general, unplanned extensions and changes to parental leave must be agreed between the parent and their employer. For example, parents can extend their agreed leave with their boss' express approval, but there is no legal entitlement.

And if the employer agrees, a parent can also “carry over” 12 months of their possible three years to be used at any time before the child's eighth birthday.

Are there any planned reforms to parental leave?

No major reforms are expected in the near future, although new Families Minister Manuela Schwesig said in a recent interview she wanted to extend the system, subsidizing parents to cut their working hours in a bid to help them balance family and career.

By Alex Evans and Frances Foley

 

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WORKING IN GERMANY

7 tips for how to survive as a freelancer in Germany

Taking the decision to go it alone and freelance in Germany can be a daunting prospect. But, if you do it right, it can be an exciting and liberating path. Here are some of our top tips on how to survive.

7 tips for how to survive as a freelancer in Germany

1. Get a tax advisor

The German tax system is complicated, even for Germans. All the associated paperwork uses the Amtsprache (authority language) which is more like legalese than ‘normal’ German, and mistakes when filling out tax forms can cause you, at best, a massive headache and, at worst, a costly fine. So it’s best that you employ someone who knows what they’re doing to help you out.

That person is called a Steuerberater (tax advisor) in Germany. They will help you register with the tax office, correspond with them and submit your tax declarations.

Be aware that, in Germany, different deadlines apply for tax returns depending on whether you employ an official tax advisor or not. If you are doing the tax return on your own, the deadline for submitting your annual tax return is earlier than if you use a tax advisor’s services. 

READ ALSO: What NOT to do when you’re freelancing in Germany

When looking for a tax advisor, a top tip is to use your network to get recommendations. Ideally, you want someone who will do more than just fill in the forms for you, but who will actually advise you on how best to manage your business finances so that you can make tax savings.

2. Keep your accounting in order

The better you keep your own accounts in order, the easier it will be for your tax advisor to compile your tax declarations and therefore the cheaper their services will be.

As a freelancer, there are a lot of costs you can deduct from your taxes – from train tickets, working materials, to meals out – so it’s best to keep hold of all your receipts and to keep them in good order.

2 euros and 50 cents lie on a receipt in a beer garden. Photo: picture alliance/dpa | Peter Kneffel

In Germany, you’re obliged to keep hold of receipts for two years, in case of a tax inspection, so it’s a good idea to photocopy the type of machine-printed receipts you get from restaurants so that they stay legible for a long time.

There are also a few things to be aware of when writing your own invoices. Firstly, make sure that you include your tax number. This isn’t the 11-digit Steueridentifikationsnummer that everyone gets when registering in Germany, but the 10-digit Steuernummer you get from the Finanzamt after registering yourself as a freelancer. 

Most companies won’t pay you if you don’t have this on your invoices so make sure you include it.

You should also make sure that you number your invoices properly – ideally in ascending order so that you can easily keep track of them. You are not allowed to issue two invoices with the same number and if you do so and the finance office notices, you could face an inspection of your whole accounting system.

There are numerous great accounting software programmes you can use to help you, such as Lexoffice and Sevdesk and, even if you have to pay for them, the costs will be tax deductible!

3. Find out if you’re eligible for financial support

In Germany, there are several opportunities for freelancers to gain financial support and to cut their outgoings, and its worth finding out if you’re eligible for them.

If you’re claiming unemployment benefits under ALG 1 and are thinking about becoming a freelancer, the employment office offers a special type of financial support to help you to get your freelance business off the ground.

Called the Grundungszuschuss (“foundation grant”) the payment is a six-month grant equalling your monthly entitlement under ALG 1 plus €300 towards your insurance costs can be applied for those in receipt of this unemployment benefit.

READ ALSO: Will freelancers benefit from Germany’s €300 energy allowance?

If you are engaged in some form of artistic profession in Germany – which can include journalism to pottery – you may be entitled to membership to the Kunstlersozialkasse (artists’ social insurance).

Being a member of the KSK means you only have to pay half of your health insurance and pension contributions, and the KSK will pay the rest.

4. Work out how much you think you will earn

As with starting any business, you need to have some idea of your expected earnings from the outset.

If you’re just starting out as a freelancer, or have some freelance gigs on the side of an employment position, then it might be worth considering registering yourself as a Kleinunternehmer (“small business”).

As a Kleinunternehmer, you can currently earn up to €22.000 per year without having to charge VAT and having to submit only yearly tax declarations. 

An income tax declaration form lies on a table. Photo: picture alliance/dpa/dpa-Zentralbild | Hans-Jürgen Wiedl

Be aware that if you are registered as this kind of freelancer, you must include the following sentence in your invoices: ‘Gemäß § 19 UStG wird keine Umsatzsteuer berechnet’ which means ‘In accordance with Paragrah19 of the German VAT law, no VAT has been added to this invoice.’

READ ALSO: Everything you need to know about your German tax return in 2022

If you think you will earn more than €22.000 per year, you will need to pay Umsatzsteuer (VAT) and will have to submit tax declarations in advance and more often. Depending on how much you earn, this could be every month or every quarter. 

5. Get your insurance in order

In Germany, it’s a legal requirement to have health insurance.

If you’ve just made the move from employment to being a freelancer and want to keep the same health insurer, you should get in contact with your health insurance provider straight away to tell them about your change of circumstances. They will ask you to re-register and to tell them your projected freelance earnings for the year, so they can amend your monthly fees.

If you don’t keep your health insurer provider updated, you could continue to be charged the higher rate that you had from your previous salary.

The insurance cards of the health insurance companies DAK, AOK, Barmer and Techniker-Krankenkasse TK lie with euro notes under a stethoscope. Photo: picture alliance / dpa | Daniel Karmann

It’s not just health insurance you need to think about as a freelancer. It’s also wise to think about protecting yourself from any sort of claims that could arise as a result of any working mishaps. 

If, for example, you lose your laptop which contains confidential client information, you need to be protected against claims.

That’s why it’s good to have both Betriebshaftversicherung (business liability insurance) and Rechtschutzversicherung (legal protection insurance).

6. Plan your time wisely

All of these bureaucratic obligations take time. So it’s really important that you take account of that when planning your time. For example, planning half a day a week to deal with your invoices, filing, emails to clients, and conversations with authorities can be really beneficial when scheduling your working time. 

7. Grow your network

As a freelancer, networking is absolutely crucial to success. 

Keep an up-to-date profile on websites like LinkedIn and German equivalent XING and keep in contact with anyone you’ve ever worked with, no matter how brief the contact was. 

Having a network is not only about getting more clients, but also about building a support network in your field to exchange advice, tips and generally for your own enrichment. 

Participating in workshops related to your field, going to seminars, and meet-ups, can be great ways of broadening your network. 

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