Das Elterngeld Plus kann auch dann beansprucht werden, wenn ein Elternteil während der sogenannten Partnerschaftsbonusmonate für längere Zeit erkrankt und keine Lohnfortzahlung mehr erhält. Mit diesem am Donnerstag ergangenen Urteil gab das Bundessozialgericht einem Kläger aus Langenhagen in Niedersachsen Recht.
The man fell ill shortly after the start of the so-called partnership bonus months and was on sick leave beyond the end of wage continuation. As a result, the city revoked the approval of the parental allowance and demanded repayment of the full four months of the Parental Allowance Plus from the man.
According to the Federal Social Court, this was done unjustly. Parents are considered employed even if they are unable to perform their prescribed number of weekly hours due to disability, as long as their employment contract remains in effect and they are expected to resume work.
Parents are only entitled to an additional four months of Parental Benefit Plus as a partnership bonus if both parents take care of their child and work between 25 and 30 hours per week. The court explained that a guideline for implementing the Federal Parental Benefit and Parental Leave Act only stipulates that employment exists until the end of wage continuation. The court stated that any other interpretation would contradict the objective of Parental Benefit Plus, which aims to enable both the shared care of children and their economic security through part-time work.