The GPA union is calling for an end to the so-called “weekly money trap”. If women become pregnant again during parental leave because of their first child, they are only entitled to maternity benefit if they are still receiving childcare allowance. In a ruling last year, the Supreme Court classified this arrangement as contrary to Union law – so far, however, the government has not reinstated the corresponding law.
The incident concerned an employee of the Austrian health insurance company, who initially received the income-related variant of the childcare allowance during her maternity leave. At the end of the leave, she had no income of her own and became pregnant again shortly before the end of the agreed leave. Since this was a high-risk pregnancy, she was given an early employment ban and was unable to return to work. At the start of her employment ban, she was therefore not entitled to maternity allowance or wages.
GPA was based on the EU Maternity Protection Directive
The employee sued with the support of the GPA and the Supreme Court ruled in favor. The EU Maternity Protection Directive stipulates that during maternity leave of at least 14 weeks, continued payment of wages and/or entitlement to adequate social benefits must be guaranteed. This is not directly applicable as it has to be transposed into national law by the Member States.
However, if this is not done in time or insufficiently, the individual can still appeal to the state if the content of the regulations contained therein have been determined unconditionally and with sufficient precision. Since the health insurance fund is a government institution in charge of public health care, this was the case for the employee.
In this specific case, the employee has reached agreement with the health insurer after the Supreme Court ruling. He had referred the case back to the Court of First Instance for precise clarification of the claims. However, the relevant law has still not been restored. In a broadcast, GPA President Barbara Teiber demanded that “maternity and childcare allowance in such cases should be based on that of the first child. Women should not be punished for having their second child ‘too early’.”
Ministry of Social Affairs “is trying to find a timely solution”
In the Ministry of Social Affairs, reference was made to the “Standaard” (Wednesday edition) regarding discussions with other departments involved (in particular the Ministry of Family Affairs). “We are aware of the OGH ruling and are trying to find a solution in time.”
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
