Thanks to the on 01.07.The Nursing Care Leave Act (PflegeZG), which came into force in 2008, allows employees to take time off from work in the event of a family care situation.
With the entry into force of the Act to Improve the Reconciliation of Family, Care and Work on 15. January 2015, the existing regulations in the Nursing Care Leave Act (PflegeZG) and the Family Care Leave Act (FPfZG) have been improved and intertwined.
Who can apply for the care period?
This can be all employees as well as for their vocational training employed and as employee-similar persons to be regarded, thus for example home workers and to them Gleichgestellte. For federal civil servants and soldiers, the regulations on exemptions have essentially been carried over. The rules do not apply to the self-employed.
- The use of care time is possible in companies with more than 15 employees, this is established by law.
- There is a legal right to the 6-month care period. Employer approval is not required.
- The need for care of the relative must be proven by presentation of a certificate from the Medical Service of the Health Insurance Funds (MdK) or the long-term care insurance fund.
- The care time is a leave of absence without wage or salary compensation. Salary continuation.
- Siblings can apply for caregiver leave at the same time. The care activities can be shared or taken over successively.
When to apply for caregiver leave?
Caregiver leave can be claimed for the care of close relatives in the home environment. This includes spouses, domestic partnerships, stepparents, spouses of siblings and siblings of spouses and their domestic partners and siblings of domestic partners.
Similarly, an exemption can also be applied for up to 6 months or up to 24 months in full or in part if a minor close relative has become in need of care. Care can be provided at home, at an off-site facility or on a rotating basis.
You can also apply for exemption for a person living abroad who needs to be cared for, as long as he or she is cared for in the home environment.
How long can care time be taken? Is an extension possible and what are the exceptions?
Caregiver time is limited to a maximum of 6 months. During the partial or complete leave of absence, there is the claim to promotion by an interest-free loan.
But beware! The entitlement exists only for employers with more than 15 employees. However, if voluntary agreements are reached in smaller companies on care leave, employees are also entitled to support in the form of an interest-free loan from the Federal Office for Family and Civil Society Tasks (BAFzA).
- Caregiver leave can only be taken once for the same dependent.
- Additional support by a nursing service is not excluded.
- If a care period of less than 6 months has been applied for and is still not sufficient, it can be extended accordingly (to 6 months), provided the employer agrees. Employees are entitled to an extension of caregiver leave if a change of caregiver was planned but cannot take place.
- Caregiver leave and family caregiver leave can be combined. However, the total duration of the exemption must not exceed 24 months and the periods must be seamless. The respective deadlines and requirements should be considered depending on the size of the company.
- In addition: it is possible to take a leave of absence of up to three months to accompany a close relative in the last phase of life. A care path is not required here. An interest-free loan can also be taken in this case. Relatives have a legal right to work less for three months during the last phase of a close relative's life, or even to stop working altogether.
When does the care period end?
The care period ends at the latest 6 months after the end of the relative's need for care, or when he dies. From this point on, the care period ends after 4 weeks.
- The employer must be informed immediately.
- Caregiver leave can only be terminated early if employer agrees.
- Employment can be resumed without restriction at the end of the care period.
How does caregiver leave affect vacation entitlement?
Vacation days also accrue during the care period. However, the employer has the option to reduce the recreational leave to which the employee is entitled for the leave year by one-twelfth for each full calendar month of full time off.
Are there subsidies to support?
Employees can apply for an interest-free loan from BAFzA. To cushion income losses, the loan will be paid out in individually calculated and appropriately adapted monthly installments. After the end of the care period, it must also be repaid in installments. This also includes a hardship provision. The BAFzA can postpone the due date of repayment on application and there is the possibility of a partial loan waiver or cancellation of the loan debt.
Where to apply for the loan?
Link to apply for an interest-free loan: form approval of an interest-free loan (wege-zur-pflege.en)
In addition: No care support allowance is paid for the care period!
Is there protection against dismissal during the care period?
While taking caregiver leave, employees have special protection against termination: from the time of notice – but no more than 12 weeks before the announced start date – until the short-term disability, caregiver leave or family caregiver leave ends.
In our next blog post, we'll tell you about the Family Caregiver Leave Act and give you some useful tools to make your day-to-day caregiving easier.
If you have any questions about the Caregiver Leave Act, contact: [email protected]