Can I get parental leave if my family is outside of Germany?

Question

I have been working in Germany for the last 5 months. My wife is living in the USA. We are expecting a baby in two months. So:

1. Can I get paid parental leave? Unpaid?
2. If yes, for how long could I receive this benefit?

Answer 1

No, the preconditions are (§ 1 Absatz 1 BEEG):

• your main place of residence is in Germany
• you live in that household with the child

It is not paid leave, but you will eligible for Elterngeld (parent money).

• € 300 (minimum) ; € 1.800 (maximum)
• or 67% of your average earning of the previous 12 months

Between the birth and 3rd year of the child: 12 months

• the time can be split

The application must be made to your employer

• see sample letter (as .doc or .pdf)

If your wife, with child, move to Germany before the child is 3, then you would be eligible for the time up to the end if the third year.

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Sources:

• Recht auf Elternzeit als Vater - Arbeitsrecht 2020
  • § 1 Absatz 1 BEEG
  • § 2 Absatz 1 - Höhe des Elterngeldes BEEG