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Practical examples Is there an entitlement to family allowances during unpaid leave?

The Federal Supreme Court interprets the legal provisions literally , i.e. there is no entitlement to family allowances during unpaid leave; that is the principle. According to the latest version of the relevant provisions, however, the entitlement to family allowances now continues for the following three calendar months in the case of unpaid leave – in the same way as for illness and accident.

Since 1 January 2012, the provisions have stated the following:

If the employee takes unpaid leave, the family allowances will be paid for the current month when starting the leave and for the following three months. After an interruption in entitlement because of a longer period of unpaid leave, the entitlement to allowances recommences on the first day of the month in which the employee returns to work.

Practical examples