The vast majority of people who look after family members in need of care and work at the same time need greater flexibility in planning their time. The law to promote the compatibility of family, care and work aims to create tailor-made conditions that do justice to the various care situations.
Find out here which regulations allow family carers to take time off work to care for people in need of care in their own home.
The right to care time
Employees who care for a close relative at home in accordance with Section 7 (1) of the Caregiver Leave Act ( Pflegezeitgesetz - PflegeZG) [mfn]Section 7 (1) of the Caregiver Leave Act (Pflegezeitgesetz - Pflege ZG)[/mfn] and are therefore caregivers are entitled to caregiver leave within this framework. This means that carers can be released from work for up to six months in whole or in part without the employer having to continue to pay their salary for this period.
In the case of minors in need of care, there is also an entitlement to time off if the care takes place outside the home. Furthermore, employees have the right to accompany a close relative, for example in a hospice, during the last phase of their life and to be released from work for up to three months. This entitlement applies to all levels of care, but only for employers with more than 15 employees.
In companies with 15 or fewer employees, there is no statutory entitlement to time off, but employees and employers can agree on care leave on a voluntary basis.
Close relatives include: Grandparents, parents, parents-in-law, step-parents, spouses, life partners, partners in a similar partnership, siblings, their spouses or life partners, children, adopted or foster children and their spouses or life partners, children-in-law and grandchildren.
Up to 2 years part-time: the right to family care leave
Employees can take family care leave, which means that they can take up to 24 months off work to care for a close relative with care needs at home. During family care leave, however, the average workload over a year must be at least 15 hours per week. This leave from work applies both to the care of minors in need of care outside the home and to the home care of relatives with care grades from 1 to 5. Close relatives are those persons listed in § Section 7 (3) of the Caregiver Leave Act [mfn]§ Section 7 (3) of the Caregiver Leave Act[/mfn] are named.
This legal entitlement only applies to employers with more than 25 employees, not including people in training. In companies with 25 or fewer employees, there is no legal entitlement to family care leave, but employees and employers can make a voluntary agreement to this effect.
Up to 10 days: leave of absence due to short-term prevention of work
If you suddenly need to reorganize an urgent care situation for your close family members or ensure that they are properly looked after, you have the right to spontaneously take time off work for up to 10 days. This is known as short-term absence from work.
Such an acute care situation occurs when it arises suddenly and unexpectedly. An existing need for care that remains unchanged does not meet this requirement.
Certain conditions must be met in order to assert this claim:
- The person concerned must have at least care level 1, but it is not necessary for the care level to have already been officially determined by the Medical Service.
- There must be an acute change in the care situation.
- You must be a close relative of the person in need of care.
Close relatives include spouses and partners, partners in a similar relationship, parents, siblings and children. They also include stepparents, parents-in-law, grandparents, adopted and foster children, children-in-law and grandchildren as well as brothers-in-law and sisters-in-law.
As of January 2024, it is possible to extend the entitlement to care support allowance annually, provided that the necessary requirements are met.
Example of a sudden care case in the family
A typical scenario could be that a family member or close relative suffers a severe stroke. stroke and can no longer live at home without support. In such a sudden and unexpected need for care, you have the right to you have the right to be absent from work for up to 10 working days within a short period of time in order to organize or ensure the care situation during this time.
These 10 days do not have to be taken in one go; you can also divide them up into several shorter periods. It is also possible to divide them up between several people. For example, two siblings could each take 5 days off. However, it is important to note that the entitlement is limited to a total of 10 working days per person in need of care.
If another family member becomes in need of care - for example after a parent has already been affected - you can take another 10 days off work.
All employees have the right to 10 days' short-term absence from work, regardless of the size of the company. There is no specific notice period; the leave can therefore be taken immediately. However, the employee must inform their employer immediately of the reason for the absence and the expected duration. Employers can request that the employee submit a medical certificate confirming the expected need for care of the relative.
Civil servants, soldiers and judges are subject to different regulations depending on the federal state. In the long term, however, their rights are to be harmonized with the regulations for employees.
Continued payment of wages during short-term absence from work only takes place if this has been expressly agreed in the contract. Otherwise, the care support allowance is provided, which amounts to 90% of the lost net salary. This must be applied for immediately from the care insurance fund of the relative in need of care, and even low-paid employees can claim it.
Employees continue to be covered by health, nursing care, pension and unemployment insurance during their short-term leave of absence, even if their salary is not paid.
Care leave - up to 6 months part-time or leave of absence
Employees have the option of taking up to 6 months off work, either in whole or in part, to care for a relative in need of care at home. This is called care leave. At the end of the care leave, you have the right to return to your job full-time. If you need financial support to cover possible costs during the care period, you can apply for an interest-free loan from the Federal Office of Family Affairs and Civil Society Functions [mfn].interest-free loan from the Federal Office of Family Affairs and Civil Society Functions[/mfn] to apply for an interest-free loan. These regulations apply to employees as well as civil servants, soldiers and judges.
An important prerequisite for entitlement to care leave is that the employer has at least 15 other employees, including trainees. If you work in a smaller company, you may be able to voluntarily agree care leave with your employer in this situation.
To take care leave, you must notify your employer at least 10 days in advance. It often makes sense to also give notice of short-term absence from work for the same day.
It is also important that a care degree has already been recognized for your relative. If this is not the case, you should apply for long-term care insurance benefits from your relative's long-term care insurance fund as soon as possible. If you can prove that you have already informed your employer that you wish to take care leave, a shorter period for the assessment by the care insurance fund will apply.
The assessment must be carried out within five working days of submitting the application to the long-term care insurance fund at the latest if your relative is in hospital or a rehabilitation clinic and you, as the future caregiver, have announced care leave. Otherwise, if the applicant lives at home and does not receive palliative care, the assessment must take place within ten working days of submitting the application to the long-term care insurance fund at the latest. In this case, the shortened deadline also applies if you, as the future carer, have announced care leave to your employer or have already made an agreement on family care leave.
Up to 3 months: support in the last phase of life through a special form of "care time"
In order to accompany a relative in need of care during the last phase of their life, you have the opportunity to take up to 3 months off from your job in whole or in part. This support can take place either at home or in a hospice or other facility where your relative is being cared for. The focus is not primarily on care, but on spending time together and providing support. It is not necessary for your relative to have a certain level of care in order to benefit from this support.
Short-term work incapacity and care support allowance
Employees under Section 7(1) of the Caregiver Leave Act [mfn] Section 7(1) of the Caregiver Leave Act [/mfn]have the right to take up to ten days off work if it is necessary to organize or ensure appropriate care for a close relative in a sudden care situation. This helps employees to organize care quickly, for example after a stroke of a relative that is likely to result in a need for care.
Employees must inform their employer immediately of their inability to work and its expected duration, without delay. At the employer's request, they must submit a medical certificate confirming the need for care of the relative and the need to be absent from work to organize appropriate care or to ensure care provision. The right under Section 2(1) of the Care Leave Act [mfn] Section 2(1) of the Care Leave Act [/mfn] is available to all employees regardless of the number of employees at the employer. Insurance cover in the areas of health, nursing care, pension and unemployment insurance remains in place.
Care support allowance
Employees are entitled to care support allowance for up to ten working days per calendar year and per person in need of care as compensation for lost wages during a short-term absence from work. This applies if they do not receive continued remuneration from their employer during this period and cannot claim sickness or injury benefit in the event of a child's illness or accident. The financial support applies to the care of persons of all care levels, including those who are likely to be in need of care.
The gross amount of the care support allowance is 90% of the lost net remuneration from contributory pay. If one-off payments subject to contributions were received during the period of leave of absence within the last 12 calendar months, the care support allowance amounts to 100% of the lost net earnings from earnings subject to contributions. However, it may not exceed 70 percent of the contribution assessment ceiling.
If several employees assert their entitlement to short-term absence from work for the same person in need of care, their combined entitlement to care support allowance is limited to a total of up to ten working days.
The support must be applied for immediately from the care insurance fund or the private care insurance company of the close relative in need of care. If a corresponding application is made, a medical certificate confirming the (probable) need for care of the relative must also be submitted. The employer is only obliged to continue to pay remuneration if this is stipulated by other statutory provisions or on the basis of an agreement.
You should apply for the care support allowance immediately from the long-term care insurance fund or the private long-term care insurance company of your relative in need of care. When you make the application, you must submit a medical certificate stating that your relative is likely to need care to the long-term care insurance fund or private long-term care insurance company. Please note, however, that the employer is only obliged to continue paying your remuneration if this is stipulated by other statutory provisions or an agreement.
