We support families whose lives change overnight. And time and again, we see that the Care Leave Act and the Family Care Leave Act are among the least well-known rights available to family caregivers in Germany. This article provides a practical overview, featuring the information you truly need in an urgent care situation, along with concrete examples from our daily work.
When the need for care arises suddenly – what working people need to know
Many people in need of care don’t gradually come to need care, but rather overnight. A fall, a stroke, a diagnosis. And while the family is still trying to understand what’s happening, the clock is already ticking in the background: employers, long-term care insurance, the hospital, unanswered questions. It is precisely for this phase of life that lawmakers have created two sets of regulations designed to make it easier for working people to balance work and caregiving.
The Care Leave Act and the Family Care Leave Act set forth the conditions under which employees may take full or partial leave from work to care for a close relative or to organize care. Both laws apply different time limits, apply to businesses of different sizes, and provide different benefits, and they can be combined.
An Overview of the Caregiving Leave Act
The Care Leave Act applies to acute situations and medium-term care periods. It provides for three types of leave: short-term leave of absence of up to ten working days, care leave of up to six months, and end-of-life care leave of up to three months.
Who is considered a close relative?
The law defines the group of close relatives more broadly than many people assume. Close relatives include spouses, domestic partners, parents, parents-in-law, grandparents, stepparents, children, adopted and foster children, the children, adopted, or foster children of the spouse or domestic partner, children-in-law, grandchildren, and siblings. Sisters- and brothers-in-law are also included. This is important because many family caregivers are unaware that they are entitled to benefits, for example, when they provide care for a sister-in-law or a stepfather.
Temporary inability to work: the ten working days for urgent situations
If a loved one suddenly in need of care, you have the right to take up to ten days off work to organize appropriate care or to provide care yourself during this time. This entitlement applies regardless of the size of the company, including small businesses. The ten days are allocated per person in need of care and per employee. In the case of siblings, you do not split the days among yourselves; rather, each person has their own entitlement.
Important: You must notify your employer immediately if you are unable to work, along with the expected duration of your absence. Upon request, you must provide a doctor’s note confirming the need for care and the necessity of your leave.
The Care Support Allowance
For these ten days, you are entitled to care support allowance. This is a wage replacement benefit that must be applied for through the long-term care insurance fund or the long-term care insurance provider of the person in need of care. The long-term care support allowance is generally around 90 percent of the lost net wages. If you have received a one-time payment of wages in the last twelve months (such as a Christmas bonus), it can be up to 100 percent.
Here's how the application process works in practice
In practice, the process works as follows: You notify your employer, have your treating physician issue a certificate, and submit an informal application for the care support allowance to the long-term care insurance fund of the person in need of care. The long-term care insurance fund reviews the application, pays out the care support allowance, and also covers contributions to health, long-term care, pension, and unemployment insurance during this period.
Care leave: Take up to six months of full- or part-time leave
Caregiving leave is the longer-term option: You can take a full or partial leave of absence from work for up to six months to care for a close relative in their home. “Partial” means that you reduce your working hours—for example, to part-time—and continue working, just for fewer hours.
Requirements and farm size
The prerequisite is that the person in need of care is classified at least at Care Level 1 and that the employer generally has more than 15 employees. In small businesses with 15 or fewer employees, there is no legal entitlement to care leave; in such cases, the only option is an agreement reached in consultation with the employer. Care does not necessarily have to take place at the care recipient’s home; care in a shared household or another residential setting is also possible.
Take a leave of absence from work, either full-time or part-time
You decide how to use the leave. Some employees take the six months all at once to establish a care routine together with a care service and their family. Others reduce their working hours and continue working part-time. The specific arrangement of working hours is agreed upon between you and your employer. Your employer may raise valid business reasons as an objection, but cannot refuse the care leave itself if the requirements are met. Rejection of the part-time arrangement is permissible only for urgent operational reasons.
You must notify your employer in writing of your leave of absence at least ten working days before it begins, specifying the duration and extent of the leave you wish to take. If you are requesting partial leave, you must also specify how you wish to arrange your working hours.
The interest-free loan
Because caregiving leave is unpaid, the legislature has established an interest-free loan through the Federal Office for Family Affairs and Civil Society Functions. It covers up to half of the lost net income and is repaid in installments after the caregiving leave ends. For many families, this loan is the crucial lifeline that allows them to make ends meet during those six months.
The Family Care Leave Act: Up to 24 Months of Part-Time Work
The Family Care Leave Act (FPfZG) takes effect when care leave ends, or for families who need a longer-term solution from the outset. It allows employees to reduce their working hours to part-time for up to 24 months in order to care for a close relative in their home environment.
Who is eligible for family care leave?
Employees are generally eligible if their company has more than 25 employees. As with care leave, the person requiring care must have at least care level 1.
The same applies here: Family care leave must be requested in writing no later than eight weeks before it begins, including details on its duration and scope, as well as the desired schedule for working hours.
Minimum working hours and the agreement with the employer
During family care leave, you must work at least 15 hours per week. This minimum working time ensures that you remain connected to your job. The schedule for these hours is agreed upon with your employer. If no agreement can be reached, the company must set the work schedule in accordance with the employee’s wishes, unless there are compelling operational reasons not to do so.
Loans to supplement net pay
Those who earn less due to working part-time can also apply for an interest-free loan in this case, which covers up to half of the difference from their previous net pay. As with care leave, the loan is applied for at the Federal Office for Family Affairs and Civil Society Functions. Repayment is made in installments after the end of the family care leave. For many families, this loan is precisely the reason why taking family care leave is financially feasible at all.
Care leave and family care leave together may not exceed a total of 24 months per person requiring care. Therefore, anyone who has already taken the six months of care leave still has 18 months of family care leave available.
Special case: Caring for minor close relatives who require care
Expanded rules apply to the care of minor close relatives who require care, that is, children under the age of 18 who require care. In this case, care and support may also take place outside the home environment, such as in an inpatient facility or a children’s hospice. This is a significant relief for parents and foster parents: they do not have to provide care at home in order to be eligible for leave.
Social Security and Protection Against Dismissal During Leave of Absence
A common misconception is that anyone who takes a leave of absence to provide care loses their insurance coverage. The opposite is true; lawmakers have deliberately made adjustments in this area.
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Health, long-term care, pension, and unemployment insurance
During your care leave and family care leave, you generally remain covered by social security. The long-term care insurance fund of the person in need of care pays contributions to the statutory pension insurance, provided that you provide care for at least ten hours per week on two days and the person receiving care has at least care level 2. Unemployment insurance generally continues as well, which is important to ensure that your entitlement to unemployment benefits is not lost after your care leave ends.
Regarding mandatory health and long-term care insurance: If you are fully exempt from work during your leave of absence for caregiving, you may apply to continue your coverage on a voluntary basis; family coverage through a spouse or domestic partner is often an option as well. The long-term care insurance fund may provide subsidies for these premiums upon request.
Protection against dismissal: From the initial application to the end of the leave of absence
From the time you announce your leave for caregiving or family caregiving—but no earlier than twelve weeks before it begins—until the end of your leave, you are protected from dismissal. During this period, your employer may only terminate your employment in exceptional circumstances and only with the approval of the competent authority. This protection applies to both full-time and part-time leave.
The Process in Practice: From the First Call to Returning to Work
The theory is clear, but what does it look like in real life? We guide families through exactly these steps. The typical process consists of four stages.
Step 1: The Interview with the Employer
Many employees hesitate to take this step because they don’t know how their employer will react. Our experience: The sooner and more objectively the conversation takes place, the better. Clearly state what type of leave you wish to take (ten days, care leave, family care leave), the duration you plan, and what working time arrangements you envision. A brief written notice documents the start of the deadlines and your protection against dismissal.
Step 2: The certificate from the long-term care insurance fund
To take care leave or family care leave, you need a certificate from the long-term care insurance fund or the long-term care insurance provider of the person requiring care, confirming their need for care. You must submit this certificate to your employer. For the initial ten days, a doctor’s note is sufficient.
Step 3: Applying for the loan at the Federal Office
At the same time, you can apply for an interest-free loan from the Federal Office for Family Affairs and Civil Society Functions. The application is submitted online, and payments are made monthly. Repayments begin after the end of the care leave or family care leave.
Step 4: If the employer refuses
An employer may not completely refuse to grant care leave or family care leave if the requirements are met. The employer may only refuse to adjust the work schedule for urgent operational reasons. If conflicts arise in this regard, it is advisable to review the employment contract, speak with the works council, or seek advice on labor law. Organizations such as the Social Association VdK or consumer protection agencies offer specialized advice on these topics.
What we can do for you
The law grants you rights. But those rights only take effect when they are applied in everyday life—in conversations with your employer, in applications to the long-term care insurance fund, and in plans outlining who will provide support, when, and where. This is exactly where we come in.
Together with you, we’ll explore which care options best suit your situation, what benefits you’re entitled to under long-term care insurance, and how you can balance work and caregiving within your specific company. We’ll arrange for household help and daily support that fits your work schedule, so that the caregiving period doesn’t become a permanent arrangement and your family member in need of care can remain in their own home.
