What is the legal status of the student family?

Here you will find contact persons who can help you with legal questions.

Before birth
The Maternity Protection Act applies in a modified form to female students; see Study organization. In the case of an employment relationship or an internship with paid wages, the person providing the workplace must apply the Maternity Protection Act. More on maternity leave here.

Maternity benefit is a wage replacement benefit and is paid depending on your health insurance status. A student with family insurance and part-time employment can apply for maternity benefit from the Federal Insurance Office in Bonn. (mutterschaftsgeld.de/).

If the student was covered by statutory health insurance for at least 12 weeks between the 10th and 4th months before the birth and was employed (even marginal employment), she can apply for maternity benefit from the health insurance company.

Note: The health insurance companies occasionally state that maternity benefit will only be paid if you are entitled to sick pay. This is not always correct (Section 200, Paragraph 1 RVO).
If you live in Baden-Württemberg, you can apply for parental allowance at the Landeskreditbank in Karlsruhe.The option for parents to receive parental allowance at the same time will be reorganized from April 2024. In the future, simultaneous withdrawal will only be possible for a maximum of one month up to the child's 12th month of life. There are exceptions to parallel receipt for Parental Allowance Plus, the partnership bonus and for multiple births and premature babies. When entitled to parental allowance, the income limit for couples with children born from April 2024 will initially fall from 300,000 Euros to 200,000 Euros. From April 2025 it will be 175,000 Euros. For single parents, 150,000 Euros will apply from April 2024. Application and Information: www.l-bank.de

The applicant's individual net income for the last 12 months before the start of the 6-week maternity leave period before the birth is used to calculate the parental allowance (from earned income). As a rule, the amount of parental allowance is calculated at 65 – 67% from this net salary. For low earners, this percentage can increase to 99%. This is achieved with a salary of €416.70. Partners are also entitled to parental allowance if they take parental leave.

Note: Students from abroad are generally not entitled to parental allowance if their residence status is only for the purpose of studying (§16 Residence Act).

General information on the subject of parental allowance can be found in the family guide.

Note: Parental allowance is counted as income towards ALG II. Unless the parental allowance is calculated on the basis of previous employment income.
You must inform your employer about this no later than 7 weeks before parental leave is to begin. A written declaration is required for this. The duration and possible division of parental leave between both parents must be determined. Part-time work of up to 30 hours per week is possible.
The Studierendenwerk's legal advice offers initial information if you are unsure in the relevant areas of law and explains to you which authorities you should perhaps continue to contact. Due to our many years of activity, we have a large network of cooperation and contact persons available.