Uni-Tübingen

A family member needs care, what can I do?

More and more people are faced with the situation that it becomes apparent that a family member will require long-term care, or that this happens quite suddenly. Here is some information to give you a brief overview.

Points of contact

  • In the district administrations (Kreisverwaltungen), there are “care support points” (Pflegestützpunkte) that offer assistance when the need for care is foreseeable or has already arisen.
     Care support points (Pflegestützpunkte) in Tübingen (district) (in German only) 
     
  • In addition, there are “IAV-Stellen” for information, contact, and referral (Information-Anlauf-Vermittlung) in larger municipalities. These centers provide information and advice to older people and their relatives on questions around illness and care within the family.
    In the city of Tübingen, this is offered by the
    Beratungsstelle für ältere Menschen und deren Angehörige e.V. (counseling center for older people and their relatives, in German only)
     
  • At the University of Tübingen, support is also available from the
    Family Office

Legal regulations that apply:

Long-term care insurance (SGB XI)

Statutory long-term care insurance is one of the 5 pillars of the German social security system (health, accident, pension and unemployment insurance). The foundations of long-term care insurance are established in the eleventh book of the Sozialgesetzbuch (Social Welfare Code, SGB XI). Long-term care insurance is tied to health insurance – if you have statutory health insurance, you are automatically enrolled in the statutory long-term care insurance scheme. If you have private health insurance, you need to have private long-term care insurance as well.

The “Pflegekassen” (long-term care insurance funds) are responsible for the long-term care insurance. The Pflegekassen are affiliated with the health insurance funds, i.e., anyone who is compulsorily insured in a statutory health insurance fund is automatically a member of the affiliated Pflegekasse.
 All care benefits must be requested from the Pflegekassen. Upon receipt of a request, the long-term care insurance fund commissions the “Medizinischer Dienst der Krankenkassen” (MDK, medical review board of the health insurance funds) to assess the need for care.

Medizinischer Dienst der Krankenkassen (MDK, medical review board of the health insurance funds)

The MDK is responsible for ascertaining the need for care in accordance with §18 SGB XI. MDK experts carry out assessments of the need for care. The aim of the assessment is to produce a timely and comprehensible report indicating whether there is a need for care, and if so, which care level (Pflegestufe), and whether the person is significantly limited in their activities of daily living.

Nursing Care Leave Act (Pflegezeitgesetz - PflegeZG)

The law aims to enable employees to care for close relatives in need of care in a home environment and thus improve the compatibility of work and family care.

Who is a close relative (“nahe Angehörige”) within the scope of the PflegeZG?
Close relatives include:

  1. Grandparents, parents, parents-in-law,
  2. Spouses, domestic partners, cohabiting partners, siblings,
  3. Children, adopted or foster children, the children or adopted or foster children of the spouse or partner, children-in-law and grandchildren

Who is considered to be in need of care in terms of the PflegeZG?Persons in need of care are those who, due to a physical, mental or psychological illness or disability, permanently require substantial assistance for ordinary and routine activities of daily living, for an expected period of at least six months. The requirements of the long-term care insurance must be met, i.e., the patient must qualify for care level I or higher.

Leave of absence for care in the PflegeZG
The Pflegezeitgesetz allows for two forms of unpaid leave for employees, namely short-term inability to work for up to ten days and caregiver leave for a maximum period of 6 months.

Short-term inability to work
(1) Employees have the right to be away from work for up to ten working days where necessary to organize or ensure the provision of appropriate care for a close relative in acute need of care.

(2) Employees must notify their employer of their inability to work and the expected duration of their absence without delay. A medical certificate confirming the need for care of the close relative and the necessity of the measures specified in paragraph 1 must be submitted to the employer upon request.
(PflegeZG, §2 on short-term inability to work)

Longer term care
Caregiver leave for a close relative in need of care is limited to a maximum of six months.

The close relative can obtain leave from work for home care, either full or part-time. The employee must notify the employer in writing no later than ten working days before this period begins, stating the duration and extent of the intended leave of absence.

Protection against unfair dismissal
Employees who take either short-term or longer term caregiver leave benefit from special protection against dismissal: the employer may not terminate the employment relationship from the time of the notification until the end of the short-term or longer term caregiver leave.

Equal Opportunities Act (ChancenG)

The law for the implementation of equal opportunities for women and men in the public sector of the state of Baden-Württemberg (Chancengleichheitsgesetz/Equal Opportunities Act) stipulates the following:

Upon request, family- or care-friendly organization of daily and weekly working hours can be granted beyond flextime if this is required in order to care for a close relative in need of care pursuant to § 14 (1) SGB XI in accordance with § 7 (3) PflegeZG and if there are no work-related concerns to the contrary. The Equal Opportunity Officer must be involved if an employee’s request is to be denied. The rejection of the application must be justified in writing.
(ChancenG, §29 on family and care-friendly working hours)

Teilzeit- und Befristungsgesetz (act on part-time and temporary work, TzBfG)

The act on part-time and temporary work, which came into force on January 1, 2001, also guarantees a right to working part-time. According to §8 of the TzBfG, employees who have been employed for over six months are entitled to a reduction in their regular weekly working hours. This right is not dependent upon the provision of care for a child or relative in need of care, however, but applies to all employees.

Collective agreement provisions for leave to care for relatives

The TV-L collective agreement includes provisions under §11 Teilzeitbeschäftigung (part-time employment) and §28 Sonderurlaub (special leave) regarding the duration of a longer-term leave of absence for the care of a relative:

Part-time employment
Upon request, it is possible to arrange for employees to work less than the contractually agreed upon working hours if they are actively caring for a relative who requires care (confirmed by a medical certificate) and there are no urgent business or organizational reasons to the contrary. Upon request, this part-time employment shall be temporary for a period of up to five years. It may be extended; the request must be submitted no later than six months before the agreed upon period of part-time employment is due to end. The employer is obliged to take the employee’s specific personal situation into account within the scope of business or organizational possibilities when arranging the working hours.
(TV-L,  §11 on part-time employment)

Special leave
 Employees may be granted special leave without pay for good cause.
(TV-L, §28 on special leave)

Special leave without pay may be granted to employees in certain circumstances (it is a discretionary provision). These circumstances include active care of a child under the age of 18 or the care of any other relative in need of care, provided that the need for care is documented by a medical certificate. In addition, the leave of absence may not interfere with business or organizational interests. This type of special leave may only be granted for a period of up to five years. However, the employee has the option of extending the leave of absence. The corresponding request must be submitted no later than six months before the end of the special leave.

During the special leave, the employment relationship continues. However, the mutual rights and obligations arising from the employment relationship are largely suspended, particularly the employee’s obligation to perform work and the employer’s obligation to pay remuneration. Thus, there is no claim to continued pay for the duration of the special leave. Also, the employer’s contributions to pension and health insurance are not paid. The same applies for contributions to the supplementary pension fund. Periods of special leave for family reasons do not count as periods of employment.

Updated: 04/21