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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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The new SARS-CoV-2 Occupational Health and Safety provision of the Federal Ministry of Labour and Social Affairs (BMAS - Bundesministerium für Arbeit und Soziales) was updated on June 25, 2021: https://www.bmas.de/DE/Service/Gesetze-und-Gesetzesvorhaben/sars-cov-2-arbeitsschutzverordnung.html (in German only). It will remain in effect until September 10, 2021. Additional information is available here: https://www.bmas.de/DE/Schwerpunkte/Informationen-Corona/Fragen-und-Antworten/Fragen-und-Antworten-ASVO/faq-corona-asvo.html (in German only).
In addition, the SARS-CoV-2 Occupational Safety and Health Regulation, 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), and was updated in May 2021, remains in effect: SARS-CoV-2 Occupational Safety and Health Regulation (May 7, 2021).
For the time of the corona pandemic, the Occupational Safety and Health Standard specifies 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 (updated on February 22, 2021) (in German only).
The legal entitlement to child sick days and child sick pay for the year 2021 has been extended again. The entitlement has been increased to 30 (instead of 10 in non-pandemic times) days, or 60 (instead of 20) for single parents. For multiple children, the entitlement is limited to a maximum of 65 days; for single parents, the entitlement is limited to a maximum of 130 days. 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.
Privately insured parents and parents entitled to Beihilfe can claim compensation in accordance with §56 (1a) of the Infection Protection Act (IfSG).
Further information is available here, for example: https://www.bundesregierung.de/breg-de/themen/coronavirus/kinderkrankengeld-1836090 (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 March 2021, but has now been extended until June 30, 2021 (see https://www.bmfsfj.de/bmfsfj/themen/corona-pandemie/informationen-fuer-pflegende-angehoerige, in German only).
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.
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).
In this context, ver.di explains why you should also report your infection to the accident insurance organization if you merely suspect that you have been infected at work: https://arbeitsmarkt-und-sozialpolitik.verdi.de/ueber-uns/nachrichten/++co++a431c7b6-8bdd-11eb-8f99-001a4a160119/#englisch
On July 2, 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: 2021-07-02 Rechtliche Hinweise zum Umgang mit dem Coronavirus (in German only, the newest changes are marked in italics).
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