Sick child: sick leave, continued payment of wages& EntitlementIf one's own child is ill, its welfare and recovery have top priority for working parents. But what rights do employees have if a sick child needs to be looked after? The good news: You are allowed to stay at home to ensure that your offspring are cared for. However, this provision does not apply without limitation. Here's how many days you can get off to care for a sick child and how continued pay is regulated – and get all the answers to the most important questions when a child is sick..
Child sick: Are employees allowed to stay at home?
Yes, in this case, the care of the child takes precedence over the obligations under labor law, if there is no other way to care for and nurse a sick child. The basis for this is § 616 of the German Civil Code (BGB).
An illness of the child is a temporary prevention for which the employee is not responsible. Employer must give employees time off for this period. As an employee, you have a duty to inform in this regard. If you do not come to work because your child has become ill, you must inform the boss as early as possible.
Child sick: sick leave notification to the employer
The same – or stricter – rules apply to notifying your employer of sick leave as if you were sick and unable to work yourself. If you stay at home to look after a sick child, you must submit a medical certificate to your employer from the first day onwards. It's best to let your boss know before you start work that you won't be coming into the office and submit the pediatrician's certificate as soon as possible.
Sick days for children: How many days off do you get??
With the so-called children's sick days, parents can be released from work to care for a sick child. This right is regulated in the Fifth Social Code (SGB V). Unlike the BGB ("relatively insignificant time"), the number of children's sick days is clearly regulated by law.
Children's sick days by Corona in 2021
Originally, married employees were entitled to ten days off for each child. Due to the special conditions in times of Corona, the entitlement has been increased for the year 2021. Currently applies:
Children's sick days for married people
Married employees are entitled to 30 sick days per child in 2021. If you have more than one child, the maximum entitlement is 65 working days per parent.
Children's sick days for single parents
Single parents can take 60 sick days per child. For several children, the maximum entitlement is 130 working days.
The entitlement also applies to, If school or daycare center is closed due to pandemic measures and the child must be cared for. Married working parents can theoretically split the days between them. Pass on your own entitlement to your spouse. However, this is only possible if both employers agree.
Do I get sick pay for a sick child??
If you are released from work for a short period of time in accordance with § 616 of the German Civil Code (BGB), you will continue to receive continued payment of wages from your employer. If, for example, you pick up your sick child from daycare at short notice and are back at work the next day, you do not lose your entitlement to your salary – unless the entitlement was limited or excluded in the employment contract.
Use your right to sick days for children according to § 45 SGB V, the continued payment of wages by the employer does not apply. Instead, you receive children's sick pay from the health insurance fund.
How much money you get when your child is sick?
If you receive continued pay from the employer, you will continue to receive your full earnings without reductions. If the health insurance pays the children's sick pay, you do not get the full payment. The amount here is 70 percent of your gross earnings, but no more than 90 percent of your net earnings.
Requirements for time off for care
The legal basis allows working parents to take over the care of a sick child without having to worry about work during this period. However, this right may be subject to certain conditions.
biological, stepchildren or adopted children
You can only take time off from work if it is your biological, step or adopted child. For godchildren or the offspring of the best friend there is no entitlement. Statutory health insurance
§ Section 45 of the German Social Security Code (SGB V) only applies if the employee and the sick child are covered by statutory health insurance. If you are self-employed and in a private health insurance, you cannot rely on it. Appropriate additional insurances can help. No other care in the household
The purpose of the leave is to provide care when a child is ill. There must not be anyone in the household who could take care of the child in place of the employee in this case. If grandparents who are already retired live in the house, they can take care of the child. However, this only applies to relatives – you do not have to have your sick child cared for by a neighbor or friend. Certificate
You must provide a doctor's certificate to prove that your child is ill and requires care. The obligation to report and provide evidence of a sick child always applies from the first day – regardless of whether you do not have to provide evidence until after more than three days if you are ill yourself. Age limit
You can only take children's sick days in accordance with § 45 SGB V if the child has not yet reached the age of twelve. A short-term leave of absence in accordance with Section 616 of the German Civil Code (BGB), on the other hand, is not tied to an age limit. How you can stay at home even with older children.
If one is allowed to leave the workplace immediately for a sick child?
If the daycare center calls because the child is sick, parents must act quickly. Employees may immediately inform the boss and leave the workplace in such a case. You do not have to wait until after work or stay even longer. In the event of a short-term emergency, parental obligations take precedence. Your information-. However, the obligation to provide proof remains. You must not leave without informing the boss – otherwise you could be ied with a warning.
Labor law: What to do if the child is sick for a longer period of time?
The bad news is that if your child is sick for a long period of time or more frequently, sick days are quickly exhausted. Your employer is not obligated to give you time off beyond this point. Here, the company needs to be accommodating. Possible regulations for working in a home office. In the worst case, employees have to use their vacation when the child is sick.
What you should not do under any circumstances: Feigning one's own illness in order to be able to stay at home. If there is a suspicion, the employer can immediately request proof from the doctor -. In the worst case, there is even the threat of dismissal.
What if the partner is also ill?
It is not uncommon for the child to infect a parent. For example, if mother and child are home sick – does the father then have to work or is he given time off to care for them? If parents are so ill that they are unable to work, it is amed that they are also unable to care for the child. In such a case, the other parent therefore has the right to stay at home. The most important tip here is: Honesty. Early exchanges pay off. Most superiors have great understanding when a child is sick and you have to take care of it. If you fulfill your obligations, inform the employer immediately and submit a sick leave certificate for the child, you rarely have to expect problems from the boss.
If you want to make a particularly good impression, you can also offer to do some of the work from home. Of course, this only applies if the care of the sick child allows this leeway. Since you are not required to do so, you show your commitment and willingness to meet deadlines, perform your duties and not let the employer down. In addition, you can still reach us by phone if you have any questions.