10 days special leave for family carers: entitlement, requirements and application

When a close relative suddenly needs care, families have to organize how care and work fit together at short notice. The 10-day special leave for family caregivers (short-term absence from work in accordance with Section 2 of the Caregiver Leave Act) makes it possible to stay away from work for up to ten working days (leave of absence from work) in order to organize an acute care situation or to ensure care.

During this time, you are entitled to unpaid leave (vacation). As a rule, the loss of earnings can be compensated in full or in part by means of care support allowance as a wage replacement benefit from the care insurance fund of the relative in need of care. This means that as a carer, you do not need to worry about the loss of your income.

Initial situation of family caregivers

Demographic change is increasing the number of people in need of care in Germany, meaning that more and more relatives are having to coordinate care, work and family life at the same time. Without this commitment, the professional care system would be under considerably greater strain, especially when it comes to care in the home environment.

Short-term leave arrangements such as the 10-day special leave, but also care leave and family care leave, are intended to cushion this burden and create legal and financial security. They create the framework for the flexibility that is necessary in such acute situations.

What is the 10-day special leave (short-term absence from work)?

The 10-day special leave for family carers is the right of employees to be released from work for up to ten working days in order to organize or ensure the care of a close relative in an acute care situation.

Important points at a glance

• This is a leave of absence for care, not vacation.
• The claim takes effect as soon as an acute care situation requires immediate intervention.
• During this time, for example, home care can be organized, outpatient services commissioned or short-term or long-term care places found.

Legal basis and entitlement

Caregiver Leave Act (PflegeZG) as a basis

The legal basis for this is the Caregiver Leave Act (PflegeZG); Section 2 PflegeZG regulates short-term absence from work of up to ten working days in the event of an acute care situation for a close relative.

The entitlement applies to employees within the meaning of the PflegeZG regardless of the size of the employer's company, meaning that employees in small companies also have this right.

Who is considered a "close relative"?

Close relatives within the meaning of the Caregiver Leave Act include:

• Spouses and registered partners, partners in a marriage-like relationship
• Parents, parents-in-law, stepparents, grandparents
• Children, adopted children, stepchildren and foster children, grandchildren
• Siblings

The decisive factor is a close, legally recognized family relationship with the person in need of care.

Significance for work and care

Special leave allows you to take a short-term, legally secure break from work to set up care arrangements, close gaps in care and plan further care. During this phase of your life, social support is available to help you provide the best possible care for your loved ones.

It reduces the pressure of having to make ad hoc decisions between work deadlines in a crisis situation and thus improves the work-life balance for employees and employers. You have enough challenges to overcome in this phase of your life. Relief is your legal entitlement, and there are legal regulations for this.

Duration, use and deadlines

Maximum duration of special leave

The special leave covers up to ten working days per acute care situation, whereby the days on which work is actually performed according to the employment contract are counted (e.g. only certain days of the week in the case of part-time work).

The ten days can be taken in one go or spread over several blocks of time; several relatives can share the days, but a maximum of ten days in total per acute care situation and per person in need of care.

Deadlines and reporting obligations towards the employer

Employees must inform the employer immediately as soon as an acute care situation arises and leave of absence is required, stating the expected duration.

In practice, it is advisable to provide information quickly verbally (by telephone or in person) followed by a written confirmation by e-mail or form, including a reference to the short-term absence from work in accordance with the PflegeZG.

Requirements for the claim

In order to be entitled to the 10-day special leave, both care-related and employment law requirements must be met.

Degrees of care and acute care situation

The basic prerequisite is a probable or already recognized need for care of the relative, usually at least care degree 1, whereby a formal decision can initially be replaced by a medical certificate.

In addition, there must be an acute care situation, such as after hospital discharge, a sudden deterioration in health or the loss of the previous caregiver, which requires immediate action.

Employee status and employment relationship

Employees within the meaning of the PflegeZG, i.e. full-time and part-time employees, temporary employees and, as a rule, those in marginal employment (mini-jobs) are eligible.

Self-employed persons, freelancers and persons without an employment relationship are not covered by the statutory entitlement; in addition, the employment relationship must remain in place; dismissals due to the use of short-term work prevention are not permitted.

Applying for special leave

A structured procedure is important so that the special leave can be approved smoothly and the care support allowance can be paid out correctly.

Documents and information for the employer

The employer usually requires:

• Medical certificate on the acute care situation and the (probable) need for care of the close relative
• Details of the person in need of care (name, date of birth, care insurance fund/insurance number if applicable)
• Details of the family relationship
• Period and desired distribution of days off

Depending on the company, additional internal forms or proof of employment may be required, such as an internal application form.

Step-by-step with the employer

1. Determine the acute care situation and collect information (state of health, hospital report, contact with the care insurance fund, family options).
2. Inform the employer verbally without delay and briefly describe that this is a temporary absence from work in accordance with the PflegeZG due to an acute care situation.
3. Submit written confirmation (e-mail/form) stating the planned duration and distribution of days as well as the relationship.
4. Submit medical certificate and other supporting documents as soon as possible.

Care support allowance as wage replacement

Care support allowance is the wage replacement benefit for employees whose employer does not continue to pay a salary during special leave.

The benefit is applied for from the long-term care insurance fund or private long-term care insurance of the person in need of care and generally amounts to 90% of the lost net salary; in the case of certain one-off payments, up to 100% can be reimbursed.

Documents for the application for care support allowance

Typically required:

• Application form from the long-term care insurance fund (online or by post)
• Medical certificate on the acute care situation and need for care
• Proof of short-term absence from work (e.g. employer confirmation or copy of the notification of leave of absence)
• Details of employer, scope of employment, period of leave and bank details

The application for the care support allowance should be submitted as soon as possible to avoid gaps in income and to enable prompt payment. The continued payment of remuneration should then run smoothly.

Step-by-step: Applying for special leave and care support allowance

Towards the employer:

1. Recognize acute care situations and clarify which care needs must be organized immediately.
2. Inform the employer immediately (by telephone/personally), then in writing, stating the reason, family relationship, duration and desired distribution of days.
3. Submit medical certificate and coordinate possible substitution arrangements.

Towards the long-term care insurance fund:

1. Contact the care insurance fund or private care insurance company of the person in need of care and request the application form for care support allowance so that you can receive help as quickly as possible.
2. Fill in the form with details of yourself, employer, scope of employment, period of leave and person in need of care.
3. Enclose a doctor's certificate, employer's certificate and, if applicable, an existing care degree certificate and submit the application promptly.
4. Respond quickly to queries from the long-term care insurance fund so that payment is not delayed.

Rights and obligations during special leave

Central rights of family caregivers

Employees who meet the legal requirements are entitled to up to ten working days' leave per acute care situation to care for a close relative.

If the employee does not receive any pay during this time, they are entitled to care support allowance, and special protection against dismissal applies: the use of short-term work incapacity must not lead to discrimination or dismissal.

Obligations towards employer and care insurance fund

Caring relatives must inform the employer immediately about the leave of absence, provide evidence of the acute care situation and report any changes (e.g. longer or shorter need) promptly.

Complete and correct information must be provided to the long-term care insurance fund and all necessary documents must be submitted on time, otherwise there is a risk of delays or rejection.

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Further support options: Care time and family care time

If ten days are not enough, further leave models are available in the form of care time and family care time.

• Care leave: Up to six months full or partial leave of absence, usually in companies with 15 or more employees, without statutory wage entitlement, but with the option of an interest-free loan.
• Family care time: Up to 24 months with reduced working hours (at least 15 hours per week), entitlement mostly in companies with more than 25 employees, also with loan option.

Both models can be combined, whereby the total duration together may not exceed 24 months.

Overview: Special leave, care leave, family care leave