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Family visa: Health insurance during parental leave - What rules apply?


The arrival of a child is a life-changing event that raises new questions , especially for internationally mobile experts and highly qualified professionals . As you prepare for the new addition to your family , issues such as social security come into focus. While Germany offers world-leading support with its parental leave and parental allowance system, the bureaucratic hurdles in the area of insurance law are often complex, particularly for expats and young professionals. Many of our clients ask: What happens to my insurance status if I temporarily leave the workforce? Will my residence permit remain unaffected if my contribution status changes? As a specialized law firm for immigration law and global mobility, we want to provide you with the necessary guidance in this article so that you can enjoy this time with your newborn with legal certainty.


Basic principles of insurance during parental leave

The good news is that, generally speaking, your health insurance coverage remains the same during parental leave . This status quo is legally protected to ensure continuity of medical care. Those who were covered by statutory health insurance before their parental leave will continue to be (see Section 192 Paragraph 1 No. 2 of the German Social Code, Book V ). The same applies to those with private health insurance. However, even if your coverage remains the same, the payment terms may change significantly. Furthermore, it is essential for employers and human resources departments to advise employees early on that individual consultation with their insurance provider is advisable before officially registering for parental leave.


Special features of statutory health insurance (GKV)

For the majority of employees in Germany who are compulsorily insured professionals , statutory health insurance offers significant financial advantages during parental leave. As long as you receive parental allowance or take statutory parental leave, your membership remains valid . The special feature here is that no contributions are payable on the parental allowance itself (see Section 224 of the German Social Code, Book V ). If you have no other income subject to contributions, you are generally insured without paying contributions during this period .


Private health insurance (PKV) and parental allowance

Academic specialists and wealthy foreigners are often privately insured due to their income status. In this case, the system deviates significantly from the statutory logic. With private health insurance, premiums must generally be paid in full by the individual during parental leave . Since the usual employer contribution ceases during active parental leave, the monthly burden for the insured effectively increases ( Section 257 Paragraph 2 of the German Social Code, Book V, by analogy; no entitlement without earnings).

To mitigate this burden on both the company and the employee, the legislator provides for compensation when calculating parental allowance. For those with private health insurance, a higher standardized net income is used as the basis for calculation , since no fictitious deductions for social security are made ( § 2c para. 1 sentence 1 BEEG ). This usually results in a higher parental allowance entitlement, which at least partially offsets the insurance premiums. Nevertheless, our law firm strongly advises setting aside savings or negotiating with the insurance company about tariffs that include premium waivers during parental leave.


Part-time employment during parental leave

Many young professionals opt for part-time employment during parental leave to maintain contact with their employer . In this case, social security contributions are based on the earned income. You and your company then share the contributions as in a regular employment relationship. However, caution is advised: as soon as the marginal earnings threshold (minijob) is exceeded, full statutory health insurance coverage applies again , provided you are insured there.


Special status: Diplomats, civil servants and students

Diplomats and civil servants are often subject to specific benefit regulations that also apply during parental leave. Students who start a family while studying generally remain on student health insurance, provided they remain enrolled. The immigration authorities are particularly meticulous in ensuring that these groups have uninterrupted proof of insurance coverage.


Conclusion of the law firm

Ensuring health insurance coverage during parental leave is not automatic; it requires proactive planning. While those with mandatory insurance often benefit from premium waivers, professionals with voluntary or private insurance must carefully calculate their monthly costs. Furthermore, continuous proof of recognized insurance coverage is essential to avoid jeopardizing your residency permit . We recommend that both employees and the Human Resources department contact insurance providers well in advance to avoid unpleasant surprises regarding premiums.


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