The Caregiver Leave Act, which has been in force since July 1, 2008, and the Family Caregiver Leave Act, which has been in force since January 1, 2012, are intended to make it easier for working people to reconcile work and caring for relatives at home. Both laws were expanded on January 1, 2015 by the Act on Better Reconciliation of Family, Care and Work. They provide for several forms of leave for working family carers and also include financial relief.

Act to improve the compatibility of family, care and work

The Act to Improve the Compatibility of Family, Care and Work is intended to make it easier for employees to care for close relatives. The law provides for three forms of leave entitlement:

1. Leave of absence for a maximum of ten days in the event of short-term, care-related absence from work
2. The care period, which allows full or partial leave of up to six months, and
3. Family care leave, which includes part-time leave of up to two years.

The law applies to employees, but not to civil servants. The federal and state laws that apply to civil servants have so far only partially adopted similar provisions. 

Close relatives are grandparents, parents, parents-in-law, stepparents, spouses, life partners, partners in a marriage-like or life-partnership-like relationship, siblings, life partners of siblings and siblings of life partners, children, adopted or foster children, the children, adopted or foster children of the spouse or life partner, children-in-law and grandchildren.

Short-term work incapacity and care support allowance

Employees have the right to be absent from work for up to ten working days if this is necessary in order to organize care for a close relative in need of care in an acute care situation or to ensure nursing care during this time. An acute care situation exists if the close relative requiring care suddenly and unexpectedly finds themselves in a care situation or if their existing care situation suddenly and unexpectedly deteriorates significantly.

Announcement

Employees are obliged to inform the employer immediately of their inability to work and its expected duration. The employer can request a medical certificate from the employee confirming the need for care of the relative and the necessity of time off work. ?

Care support allowance and insurance cover

The entitlement to care support allowance is linked to short-term work incapacity. This wage replacement benefit is paid on application by the health or care insurance of the affected relative. It amounts to 90 percent of the net salary lost per calendar day, up to a maximum of 96.25 euros per day. The health, nursing care, pension and unemployment insurance cover remains in place.

Eligibility

All employees can claim short-term work incapacity and care support allowance, regardless of the number of people employed by the employer, the length of time they have been with the company and regardless of whether they are employed full-time or part-time. The entitlement also applies to marginally employed persons (so-called mini-jobbers). ?

Care time

Since January 1, 2015, employees have had the right to take full or partial leave from work if they are caring for a close relative in need of care who has at least care level 1 in their home environment. The maximum period of care leave is six months for each close relative in need of care. The entitlement only applies to employers of a company with more than 15 employees.

Care for underage relatives in need of care

In the case of minor relatives in need of care who have at least care level 1, this legal entitlement to care time also exists if they are not cared for at home, but outside the home, e.g. in a clinic, a home or a hospice.

Support in the last phase of life

There is a legal entitlement to a full or partial leave of absence from work of up to three months for the care of close relatives in the last phase of life, even if they are not cared for at home but in a clinic, a home or a hospice, for example. A care level is not required. The requirements are met if the close relative is suffering from a progressive illness or the illness has progressed to such an extent that a cure must be ruled out and palliative medical treatment is necessary. Employees must submit a medical certificate to the employer confirming that the conditions are met.

Announcement period

The employer must be notified in writing of the care leave at least ten working days before it is taken. If full leave is taken, the planned period must be communicated; in the case of partial leave, a written agreement must be reached with the employer on the reduction and distribution of working hours. The employer must comply with the employee's wishes, unless there are urgent operational reasons to the contrary.

Early termination of the care period

In principle, care leave can only be terminated prematurely with the consent of the employer. It ends automatically before the end of the period agreed with the employer with a transitional period of four weeks if the close relative is no longer in need of care, home care is impossible or unreasonable or the close relative has died.

Family care time

Family care leave enables employees to reduce their working hours to up to 15 hours per week over a maximum period of two years in order to devote themselves to caring for a close relative at home who has at least care level 1. The entitlement only applies to employers of a company with more than 25 employees.

Family care leave is limited to a period of 24 months per relative in need of care, and working hours can be reduced to a minimum of 15 hours per week. The minimum working time of 15 hours per week only has to be an annual average. A written agreement must be made with the employer regarding the reduction and distribution of working hours. The employer must comply with the employee's wishes, unless there are urgent operational reasons to the contrary.

Care for underage relatives in need of care

In the case of minor relatives in need of care who have at least care level 1, this legal entitlement to family care leave also exists if they are not cared for at home, but outside the home, e.g. in a clinic, a home or a hospice.

Announcement period

The employer must be notified in writing of family care leave at least eight weeks before it is taken.

Early termination of family care leave

The same regulations apply to the early termination of family care leave as to the early termination of care leave.

Combination of care time and family care time

Care leave and family care leave can be taken consecutively, but the total duration of the leave may not exceed 24 months. If family care leave is taken directly after care leave, the employer must be notified in writing at least three months before the start of family care leave.

Interest-free loan for care leave and family care leave

In order to compensate for the loss of earnings, employees are legally entitled to an interest-free loan during both family care leave and care leave, which they can apply for from the Federal Office of Family Affairs and Civil Society Functions (BAFzA). The amount of the loan depends on your gross salary and tax class. It amounts to approximately half of the average monthly salary lost and is paid out in monthly installments. The loan is due within 48 months of the start of family care leave or care leave and must be repaid from the end of the leave phase or from the end of the loan payments.

In order to prevent particular hardship for the employee, the Federal Office of Family Affairs and Civil Society Functions (BAFzA) can defer the repayment on application, i.e. delay the due date.

Social insurance during care leave and family care leave

Long-term care insurance pays contributions to statutory pension insurance if the caregiver provides care for at least 14 hours a week for at least two months (documented by an expert opinion from the medical service) and does not work more than 30 hours a week in addition. If the carer takes a full leave of absence during the care period and no longer receives a salary from their employer, they are no longer covered by health insurance through this employment. In many cases, the carer can then be covered by family insurance through their spouse. If family insurance is not possible, the carer must take out voluntary health insurance during the care period and pay a minimum contribution, which will be reimbursed by the care insurance company on application. Health insurance automatically entails cover under long-term care insurance. Unemployment insurance cover is maintained and the contribution is paid by the long-term care insurance.

Protection against dismissal

Employees are protected against dismissal from the time of notification - but no more than 12 weeks before the announced start date - until the end of the leave of absence. This applies to both care leave and family care leave.