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What maternity benefits are you entitled to as a freelancer in Germany?

While employees in Germany are entitled to maternity leave and maternity pay, freelancers have to navigate a different set of rules and considerations.

Freelance mothers in Germany aren't entitled to as many benefits as employees.
Freelance mothers in Germany aren't entitled to as many benefits as employees. Photo: Matilda Wormwood/Pexels

Being self-employed can be a liberating and exciting career choice. But, while self-employed people enjoy the flexibility and independence of working for themselves, when it comes to maternity benefits, the situation is more difficult than for traditional employees in Germany.

Here’s what maternity benefits self-employed women in Germany are entitled to and what they should be aware of during pregnancy and childbirth.

No automatic Mutterschutz

Under German law, employees are entitled to maternity leave six weeks before and eight weeks after childbirth, during which time they receive maternity pay – 100 percent of their salary. A maximum of €13 per day is paid by their health insurance provider and the rest is topped up by the employer. 

Employed mothers-to-be are legally obliged to take the two months after birth off work completely and can only work during the six weeks before the birth with the express consent of their employer. 

READ ALSO: 7 tips for how to survive as a freelancer in Germany

However, this protection period doesn’t apply to self-employed mothers – they are allowed to work right up to and immediately after the birth of their child, and they are not automatically entitled to the Mutterschutz benefit. 

But, if you are a self-employed new mother with statutory health insurance and you have been paying the extra monthly Krankengeld (sickness benefit) insurance at least six weeks prior to the birth of your child, you can receive maternity benefits or Mutterschaftsgeld (also referred to as Mutterschutzgeld). 

Freelancers can work straight away after becoming a mother. Photo: Sarah Chai/Pexels

Self-employed mothers can then receive 70 percent of their income from their health insurer through Mutterschaftsgeld and, while receiving these maternity benefits, they are exempt from having to pay health insurance contributions. 

So, if you are planning to have a child as a freelancer, you should plan well in advance to be covered for sickness benefits, ideally before pregnancy. Those who are insured with statutory health insurance but only pay the reduced contribution rate (without Krankengeld) are not entitled to maternity benefits.

Do you have to apply for Mutterschutzgeld?

If you are a freelancer and insured with a statutory health insurer and have paid the additional tariff for Krankengeld, you can apply for maternity benefits from your health insurance fund. You can submit the application no earlier than in the 33rd week after your pregnancy is confirmed by your gynaecologist or midwife.

READ ALSO: More money and less bureaucracy: How Germany wants to change its child benefits system

Self-employed women who are insured through the Künstlersozialkasse (KSK) are also entitled to maternity benefits. The application is made through your health insurance fund, but the KSK must be informed about the receipt of maternity benefits. After giving birth, you have to inform the KSK within eight weeks, during the so-called protection period, whether you will return to work after the deadline. You will not have to pay your monthly contribution payments to the KSK while receiving Mutterschutzgeld.

Private Health Insurance

For self-employed women with private health insurance, the situation differs. Many private insurers exclude daily sickness benefits during the maternity protection period, though some might offer a one-time maternity pay of approximately €200.

READ ALSO: Could it soon get harder to get private health insurance in Germany?

Given the income reduction during maternity leave, it might be worth considering switching to a statutory health insurer before having a child.

Social welfare assistance

In cases where self-employed women face financial challenges due to pregnancy and childbirth, there is an option to seek assistance from the social welfare office. This assistance is directed towards personal circumstances rather than business support.

Parental allowance and child benefit

The good news is that self-employed women in Germany are eligible for parental allowance – Elterngeld – which amounts to 67 percent of their income up to a maximum of  €1,800 per month. The calculation is based on the profit earned after tax deductions, often using the latest tax assessment. In cases where the tax assessment is unavailable, an income and expenditure statement can be used.

Children ride tricycles at a German kindergarten.

Children ride tricycles at a German kindergarten. Photo: picture alliance/dpa/mauritius images / Westend61 / M | Westend61 / Mareen Fischinger

For self-employed women, parental allowance is paid immediately after birth, unlike employees who receive it after the maternity protection period. When receiving maternity benefits, the entitlement to parental benefits is reduced by two months. 

READ ALSO: Germany to cut parental allowance for higher-earning families from 2024

However, as The Local has been reporting, Germany’s government is planning to cut the threshold for Elterngeld allowance from 2024, so that couples earning a combined total of more than €150,000 per year will no longer be eligible for the benefit.

Paying for health insurance

If you’re employed, you don’t have to pay health insurance during your maternity leave. 

If you are a freelancer and an insured member of statutory health insurance, you usually continue to pay contributions during parental leave – though this may be at a lower rate.

If you have statutory health insurance but would be eligible for family insurance, you are exempt from paying health insurance contributions during your maternity leave. This means you do not have to pay contributions if your spouse is also insured under statutory health insurance, and you meet the requirements for family insurance. However, if your spouse is privately insured, their income is taken into account when calculating your contributions.

Child Benefit

Fortunately, being a freelancer doesn’t exclude you from receiving Kindergeld (child benefit) either.

Almost every child living in Germany is entitled to Kindergeld, which can be applied for and received by one parent. The monthly payments amount to €250 per child per month and can be applied for immediately after the birth of the child. They can also be applied for retroactively, up to a maximum of 6 months after birth.

READ ALSO: What families in Germany need to know about Kindergeld’s replacement from 2025

These monthly payments also go up depending on the number of children a person has. From 2025, however, Kindergeld will be replaced by Kindergrundsicherung – a basic child allowance – which will see parent’s receive €250 per month per child and extra subsidies for low-income families. 

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FAMILY

EXPLAINED: How Germany plans to solve its Kita crisis

The German government has approved a new bill designed to tackle the ongoing crisis in nursery schools. Is it likely to make a difference for parents?

EXPLAINED: How Germany plans to solve its Kita crisis

Whether its short-notice closures or endless strikes, sending children to nursery school (Kita) in Germany can be a rollercoaster ride for parents. 

Low resources and chronic understaffing have become a daily reality in the country’s nurseries, and when they are forced to close due to staff shortages the burden falls on families to find alternatives. 

To try and tackle these issues, the German government is set to funnel €4 billion into daycare centres over the next two years. 

This was set out in a new amendment to Kita Quality Act, which was passed in the cabinet on Tuesday and will head to the Bundestag in September. 

Celebrating the move, Family Minister Lisa Paus of the Green Party said that, despite budget restrictions, the government was sending a “strong signal that we want to improve the quality of Kitas in Germany”.

READ ALSO: What is Germany’s digital pact for schools and how does it affect pupils?

Nevertheless, critics say it doesn’t go far enough to address the scale of the problem. 

What’s changing under the new law?

Not much right away. In fact, much of the bill simply shores up federal funding for nurseries in the states, which will receive €2 billion from the central government each year. 

However, the rules around how this money can be spent are getting stricter.

The focus will now be on retaining and recruiting childcare staff, ensuring kids get enough physical activity, and providing healthy, sustainable meals.

In a significant change, states will no longer be allowed to use this money to reduce childcare fees. Instead, they’ll need to funnel it into extra staffing and improving the quality of care.

Does that mean higher costs for parents?

The Family Ministry doesn’t think so. 

Currently, only six states use federal funds to offer lower Kita fees for parents: Mecklenburg Western-Pomerania, Saxony-Anhalt, Bavaria, Thuringia, Saarland und North Rhine-Westphalia.

Other states like Berlin that offer free or low-cost childcare use money from their own state coffers instead. 

According to ministry, currently states are allowed to spend 49 percent of federal funds on fee reductions, but most have only needed around 15 percent. This money could be replaced from state budgets, they argue.

READ ALSO: Could parents in Germany pay higher Kita fees to combat staff shortages?

Why is staffing such an issue? 

In Germany’s ongoing skills gap, workers in education and childcare have been among the most highly sought. 

Experts say that a maintaining a good teacher-student ratio is essential to offering quality childcare, while low staff numbers can overburden teachers and be harmful to children’s wellbeing.

kita in Dortmund

Children at a Kita in Dortmund help with planting in February. Photo: picture alliance/dpa | Bernd Thissen

According to a recent report by the Paritätischer Gesamtverband, Germany has 125,000 fewer workers in its daycares than it currently needs.

Other estimates from the Family Ministry suggest that Germany will be missing around 90,000 Kita staff by 2030. 

That said, the bill stops short of laying out concrete measures for attracting and retaining staff. Instead, the ministry is hoping that offering better working conditions will encourage workers to stay in the job for longer. 

What do people think of the new law?

The Education and Science Workers’ Union (GEW) supports the shift away from fee reduction, emphasising the importance of improving the quality of childcare instead. 

However, they stress that families should still have financial relief to support them with childcare costs. 

The GEW has also called for minimum quality standards nationwide – something the new law doesn’t establish, despite being mentioned in the government’s coalition agreement.

Tobias Ernst, chair of the Child Research Foundation, echoed this sentiment, telling FAZ: “The fact that there are to be no nationwide standards is a missed opportunity.”

READ ALSO: How expensive is childcare across Germany?

Meanwhile, the left-wing Linke party slammed the the government for not setting out more concrete measures for increasing staff numbers in Kitas.

“The ministry should finally say openly what it would take to really change the shortage of skilled labour,” said Linke chairwoman Heidi Reichinnek. “You need money to enable a better worker-child ratio.”

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