Morning everyone...
sorry world I think you did ask about the insurance, and I forgot to include it in my post.
We've heard back now from the lawyers, and they say that because I am classed officially as "selbststandig" (sorry no umlauts on this keyboard!) then I am only entitled to be paid as long as I am in work, so in fact by giving me sick pay and maternity pay school are doing over and above what they are legally supposed to. That also means that according to my insurance, I am not entitled to anything because of the self-employed status.
To complicate matters further, I am not in practice actually self employed. What I mean is that my contract is a highly dodgy "partnership agreement" which in practice operates as a regular employment contract. It is unlikely to be legally enforceable as a self-employed "contract" in any court, UK or Germany. Its something that the school uses to get out of paying any social security contributions for its overseas qualified staff.
To be fair, I knew all this when I signed it, but I needed the job.
So, according to the lawyers I can take the school to court over the illegal contract, get it changed to an employment contract and then get regular employee benefits, but these wouldn't be back dated so would make no difference to this year, plus the time and expense of what would be a much more complicated court case.
So the upshot it we're screwed financially, at least until I can get back to work, plus I really need to find a new job if we ever want to have DC2, or I'll be in the same position again. I can live with the status quo for this year, but the midwife upset me yesterday by suggesting that because I haven't been paid through for this year, I might not be entitled to my 67% Elterngeld for next year. If that's the case I will have to return to work when DC1 is 8 weeks old, a 2 hour daily commute. I don't even want to think about that possibility....
Sorry, that went epic! It's a complicated situation :)