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Although the state government has imposed many restrictions, including on public life, the Landespersonalvertretungsgesetz (LPVG - state staff representation act) remains valid unrestrictedly.
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Following a decision by the Bundesrat on 18.1.2021, the pandemic-related extension of the legal entitlement to child sick days and child sick pay came into force, with retroactive effect from 5.1.2021. The entitlement has been increased to 20 (instead of 10) days, or 40 (instead of 20) for single parents, for the year 2021. In addition, the entitlement is not limited to when the child is sick, but also when the child must be cared for at home due to the pandemic.
As of now, parents can therefore apply for child sick pay from their health insurance fund. The extension of this arrangement to state civil servants is still pending.
Further information is available here, for example: https://www.bundesgesundheitsministerium.de/presse/pressemitteilungen/2021/1-quartal/anspruch-auf-kinderkrankengeld/faqs-kinderkrankengeld.html (in German only)
In response to the COVID-19 pandemic, it was made easier to take caregiver leave (Pflegezeit) and family care leave (Familienpflegezeit). This included, in particular, the right of employees to be absent from work for up to 20 (instead of the previously 10) working days to deal with a pandemic-related urgent care situation, and the possible entitlement to wage compensation for up to 20 working days (§ 9 Pflegezeitgesetz – Home Care Leave Act – and § 150 para. 5d of the Sozialgesetzbuch – Social Welfare Code). This special provision was set to expire at the end of 2020, but has now been extended until March 31, 2021.
In addition, subject to the employer’s consent, employees can now use any remaining periods of an already ended caregiver leave and/or family care leave for the same close relative in need of care multiple times over a total period of up to 24 months.
Please do not hesitate to contact us should you require any further information on this matter.
The Federal Ministry of Labour and Social Affairs (BMAS - Bundesministerium für Arbeit und Soziales) has published new SARS-CoV-2 Occupational Safety and Health Regulations, which was created by the occupational health and safety committees at the Ministry under the coordination of the Federal Institute for Occupational Safety and Health (BAuA): SARS-CoV-2 Occupational Safety and Health Regulations (August 10, 2020) (in German only).
For the time of the corona pandemic, the Occupational Safety and Health Regulations specify the additional occupational health and safety measures required for protection against infection in the workplace and the general measures outlined in the SARS-CoV-2 Occupational Safety and Health Standard (April 16, 2020).
Due to the coronavirus pandemic, the Wissenschaftsvertragsgesetz (academic fixed-term contract act) has been expanded by another transitional regulation. The total permissible fixed-term contract period according to § 2 paragraph 1 WissZeitVG (for qualification) was extended by another 6 months. After employment contracts for qualification that existed between March 1, 2020, and September 30, 2020, could be extended by six months, these contracts as well as those that are newly established between October 1, 2020, and March 31, 2021, can be prolonged for another six months. Information from the BMBF: https://www.bmbf.de/de/faq-was-befristet-beschaeftigte-jetzt-wissen-muessen-11682.html (in German only).
Employees in municipal and state institutions, members of assistance organizations, day-care children, students, etc. are covered by the Unfallkasse Baden-Württemberg. If they demonstrably become infected with the corona virus during their professional, insured activity, they are covered by the statutory accident insurance: https://www.ukbw.de/informationen-service/versicherungsfall-coronavirus/ (in German only).
On 11.01.2021, the Ministry of the Interior and the Ministry of Finance of Baden-Württemberg updated its legal information on dealing with the coronavirus for civil servants and salaried employees of the state, which can be found here: 2021-01-11 Rechtliche Hinweise zum Umgang mit dem Coronavirus (in German only).
Custodians of care-dependent children who incur a loss of earnings because of the corona pandemic may be entitled to compensation under Section 56 (1a) of the German Infection Protection Act (IfSG). The implementation guidelines for salaried employees provided by the Ministry of Finance explain the details: 2020-06-10 Durchführungshinweise IfSG (in German only).
The trade union ver.di Baden-Württemberg has published information on this issue: ver.di-Info_Eltern Auslaufen Freistellung Kinderbetreuung (in German only).
The German Trade Union Confederation (DGB) has compiled information in English on corona and labor law on this website: https://www.faire-mobilitaet.de/-/x1P
Further information in German is available from various trade unions:
- dbb beamtenbund und tarifunion: https://www.dbb.de/corona-informationen-tarifbeschaeftigte.html (salaried employees) and https://www.dbb.de/corona-informationen-beamtinnen-und-beamte.html (civil servants)
- ver.di: https://www.verdi.de/themen/recht-datenschutz/++co++37f4d360-58b0-11ea-8408-525400b665de
- DGB: https://www.dgb.de/-/m72