If the options listed so far have been exhausted, you can take unilateral leave, i.e. without the consent of your employer, to care for your own sick child under the age of twelve. Here, too, the entitlement for the parent exists even if there is no joint household with the child.
Here you will find the most frequently asked questions about care leave, care leave and part-time caregiver leave.
Care leave
It may happen that you are unable to work because you have to care for a relative living in the same household. Then you are entitled to continued payment of remuneration within one working year to the extent of your regular weekly working hours.
To the same extent, you are also entitled to care leave for your own child, even if it does not live in the same household.
In the case of an inpatient stay in a sanatorium and nursing home of one's own sick child, there is an entitlement to leave of absence to accompany the child until his or her 10th birthday or even beyond the age of 10 if it is necessary from a medical point of view for the child's best interests. This entitlement also applies to your biological children living in the same household:
- spouse,
- registered partner or
- Significant other
IMPORTANT: You must be able to prove that you are unable to work.
If you have used up the care leave and are again prevented from working, you are entitled to another week of care leave within one working year. This extended care leave applies to the care of a sick child or biological child of your spouse, registered partner or partner living in the same household who is under the age of twelve. For the parent, the entitlement exists even if there is no joint household with the child.
ATTENTION: The Salaried Employees Act, the General Civil Code and various collective agreements provide for a further entitlement to continued payment of remuneration due to inability to work for important reasons in the interest of the employee.
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Caregiver leave and part-time caregiver leave
As an employee, you have the option of agreeing on care leave or part-time care leave with your employer. This means that you can take time off for a limited period of time or reduce working hours to organize care for relatives or to take care of them yourself.
All employees with employment relationships under private law can take care leave or part-time caregiver leave.
Both care leave and part-time care leave can be taken for one to a maximum of 3 months . In the event of a significant increase in the need for care (at least by one care level), a new agreement on care leave/part-time care leave is possible once.
IMPORTANT: In companies with more than 5 employees, you can also take care leave/part-time care leave unilaterally for a period of 2 weeks.
During this time, you can agree on a longer care leave/part-time care leave with your employer. If no agreement can be reached, you have a further unilateral claim to 2 weeks of leave of absence. During this time, you can also reach an agreement with your employer for a longer period of care leave/part-time caregiver leave.
Care leave/part-time care leave can be claimed for close relatives in need of care from care level 3 or for close relatives suffering from dementia or minors from care level 1.
The following are considered close relatives:
- Spouse and his or her biological children
- Parents, grandparents, great-grandparents, adoptive and foster parents
- Children, (great) grandchildren, adopted and foster children
- Partner and his or her biological children
- Registered partner and his or her biological children
- Sibling
- Parents-in-law and children-in-law
IMPORTANT: a joint household with the close relative in need of care is not necessary!
During care leave or part-time care leave, care leave allowance can be received.
You will receive care leave allowance in the amount of unemployment benefit. This is 55% of the daily net income plus any child allowances. In the case of part-time caregiver leave, you will receive care leave allowance on a pro rata basis.
You submit the application for care leave allowance to the Ministry of Social Affairs . This decides on the granting, withdrawal or reassessment of the care leave allowance.
Yes. While receiving care leave allowance, you are automatically covered by health and pension insurance.
A dismissal that takes place because of an intended or actually used care leave or part-time care leave can be challenged in court.
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vidahelp – for questions about care and support
vidahelp is a central point of contact for all questions about care and support. vida members can use the benefits and discounts of vidahelp immediately for only € 2.50 per month .