With the Care Leave Act (PflegeZG) of July 1, 2008, legislation has created a legal entitlement and thus the possibility for employees to take leave from work for up to ten days per calendar year when a close relative suddenly becomes in need of care. This allows time to organize the care or ensure that care is provided.

This short-term leave can be claimed by all employees – regardless of the number of employees working for the employer. Insurance coverage in health, nursing care, pension, and unemployment remains intact. However, voluntarily insured individuals must continue to pay their full contributions.

Employees must inform their department immediately about the inability to work and the expected duration. Upon request, a medical certificate must be submitted confirming the need for care of the close relative and the urgency of the situation, in accordance with § 2 of the Care Leave Act.

IMPORTANT: Since January 1, 2024, this entitlement to care support allowance applies annually for up to ten working days per person in need of care. Previously, the entitlement was limited to a total of up to ten working days per person in need of care.

Financing:

Since 2015, there has been a care support allowance as a wage replacement benefit for short-term inability to work, similar to the child sickness benefit. It compensates for a large part of the loss of earnings during this time.

IMPORTANT: The care support allowance is paid upon application by the nursing care insurance fund of the person in need of care. The nursing care fund should be contacted in advance, and the individual case briefly explained to confirm whether the allowance will be paid.

The application must include a wage certificate, which is issued by the university’s HR department. A certificate from a doctor confirming the necessity of the urgent care measure must also be enclosed.

With the Care Leave Act (PflegeZG) of July 1, 2008, legislation created a legal entitlement and thus the opportunity to take unpaid leave from work for up to six months in order to care for close relatives in their home environment. Employees on leave must provide the care themselves, although partial use of outpatient care services is not excluded. An exception applies to underage children in need of care—here the law also applies if the care is provided outside the home.

Employees can choose between full and partial leave from work.

The employing department may deny partial leave—which implies part-time work during the care leave—if this is justified by urgent operational/official reasons. Agreements must be made in writing. Small businesses with 15 or fewer employees are exempt from the legal regulations of the Care Leave Act. However, if such employers voluntarily agree to a care-related reduction in working hours or full leave, it is also possible in these cases.

Splitting the care leave into several periods is not permitted. The entitlement to care leave expires with its initial use, even if the taken leave is less than the maximum duration of six months. There is a one-time right of use per relative.

Care leave must be announced in writing to the employer at least 10 days before it begins. At the same time, the duration of the leave must be stated, along with whether full or partial leave is requested. The care dependency of the close relative (at least care level 1) must be proven by a certificate from the care insurance provider or the medical service of the health insurance fund (MDK). For those insured under private long-term care insurance, a corresponding certificate must be submitted.

Additionally, a three-month leave is also possible under the Care Leave Act if it is to accompany a close relative during their final stage of life.

If the relative is no longer in need of care or home care is no longer possible—for instance, due to death or relocation to a nursing facility—the care leave ends four weeks after the change in circumstances. Other reasons for early termination of the care leave are not provided for by law.

There is no financial compensation comparable to parental allowance for the loss of income during full or partial care leave. However, the person in need of care can pass on their care allowance from the care insurance to the caregiving employee as compensation.

Employees are also entitled to apply for an interest-free loan as support. This loan, intended to help secure living expenses, can be applied for directly at the Federal Office for Family and Civil Society Affairs (BAFzA). The loan is paid out in monthly installments and covers half of the net income lost due to the reduction in working hours. Upon request, a smaller loan—down to a minimum of 50 euros per month—can also be applied for.

During a complete leave from work, health and long-term care insurance coverage is lost unless there is family insurance in place. If not, insurance can only be maintained through voluntary membership in a health insurance scheme. In this case, the care insurance provider of the person in need of care pays a contribution subsidy equal to the minimum contribution to health and care insurance. Unemployment insurance is also covered by the care insurance provider during the care leave, provided the relevant conditions are met.

From the time of notice until the end of the care leave, employees are protected against dismissal.

Note for civil servants:

For civil servants, the relevant civil service regulations apply. Civil servants may take leave from duty without pay for up to 15 years or work part-time—up to half of regular working hours—for the purpose of caregiving (see, for example, § 92 BBG).

With the Family Care Leave Act (FPfZG), which came into effect on January 1, 2012, the legislation created the possibility for employees to reduce their working hours to as little as 15 hours per week over a period of up to two years in order to care for a close relative in need of care in their home environment.

An exception applies to minor children: in this case, the law also applies if the care is provided outside the home.

Since January 1, 2015, employees have a legal entitlement to family care leave.

Small businesses with 25 or fewer employees are exempt from these legal regulations. However, if these employers voluntarily agree to a care-related reduction in working hours, it is also possible in these cases.

The gross salary is reduced according to the reduced working hours. The employer advances part of the salary by covering half of the reduction, thereby providing an upfront payment.

To balance this advance, the employee must return to full-time work after the family care leave period and continue receiving the reduced salary until the advanced amount is fully offset.

Since 2015, employees have had the right to receive support in the form of an interest-free loan to better secure their livelihood during family care leave. This loan can be applied for directly through the Federal Office for Family and Civil Society Affairs (BAFzA). The loan is paid in monthly installments and covers half of the net income lost due to reduced working hours. Upon request, a smaller loan—down to a minimum of €50 per month—can also be applied for.

Caregiving family members maintain their pension entitlements roughly at the level of full-time employment through contributions from the reduced salary and the care insurance fund. Employees with low incomes may even be better off under individual circumstances.

If caregiving ends early—due to the end of care needs, death of the care recipient, or if the minimum working time of 15 hours per week is undercut—family care leave ends at the end of the second month following the end of care or the undercutting of the minimum hours.

During family care leave, employees enjoy special protection against dismissal. Termination is only possible in exceptional cases. Whether a case qualifies as an exception is decided by the respective state authority for occupational health and safety.

To cover the risk that an employee might not be able to compensate for the negative working time balance during the follow-up phase due to death or disability, they must take out a certified family care leave insurance. This insurance may also be taken out on behalf of the employee by the employer or the Federal Office for Family and Civil Society Affairs (BAFzA), for example, as group insurance. However, employees have no legal entitlement to such an arrangement.

Family care leave is available to all employees, including trainees and apprentices.

The same employee may only take family care leave for the same dependent again once the negative time balance from the first period has been fully offset.

Further information is available at www.familien-pflege-zeit.de, the website of the Federal Office for Family and Civil Society Affairs.

Note for Civil Servants:

For civil servants, the respective civil service regulations apply. On July 11, 2013, the Act on Family Care Leave and Flexible Retirement for Federal Civil Servants came into force. This act mirrors the Family Care Leave Act applicable to regular employees since January 1, 2012. Family care leave is introduced into the Federal Civil Servants Act as a special form of part-time employment.

It is structured into two phases: the care phase and the post-care phase, with varying working time requirements. Civil servants receiving a salary may apply for up to 48 months of part-time employment as family care leave.