Employees have a legal right to partial or full leave of up to six months if they are caring for a close relative who needs care who would like to care for a family member at home and take a caregiving leave . However, this legal entitlement does not apply if the employer has fewer than 16 employees.
It is possible to receive an interest-free loan for the duration of the caregiving period. It aims to provide financial support for family caregivers during the period they are providing care. Applications may be submitted directly to the Federal Office for Family Affairs and Civil Society Functions (BAFzA). The loan is disbursed in monthly installments. It covers half of the net salary lost due to the reduction in working hours. You can also apply for a smaller loan.
Eligible family members are:
- Grandparents
- Parents, in-laws, stepparents
- Spouses, life partners, and partners in relationships similar to civil partnerships
- Siblings, brothers-in-law and sisters-in-law*
- Children, adopted children, foster children, children of a spouse or partner, children-in-law, and grandchildren
You therefore have a legal right to take time off from work and to receive all forms of leave for the family members listed above.
Under the Care Leave Act, there is also the option to care for minor family members in need of care both at home for up to six months and in a residential setting. In addition, the need to care for close family members at home or outside the home during the final stages of their lives is taken into account by allowing for full or partial leave from work for up to three months.
Notice of Caregiving Leave
You must notify your employer in writing of your intention to take care leave at least ten workdays before the desired start date. Please also specify the exact time period and the desired duration of the leave. If you do not wish to take a full leave of absence but would like to reduce your working hours, you must discuss this individually with your employer and put your agreement in writing. In this case, you should specify in your letter how you would like to divide your working hours. An employer may refuse a request for part-time work only for urgent business reasons. As proof that your family member requires care, you must provide your employer with a certificate from the long-term care insurance fund or the medical service.
Note: Early Termination
If you wish to end your caregiving leave early, you may do so with a four-week notice period. However, in this case, your employer’s consent is required.
Social Security Coverage During a Caregiving Leave
During a full leave of absence lasting four weeks or longer, there is generally no social security coverage. If the caregiver has family health insurance, health insurance is provided through that plan. If you do not have family health insurance, it is advisable to continue your health insurance coverage on a voluntary basis. In return, you generally pay the minimum premium. With health insurance, you are automatically covered for long-term care. This applies to both public and private health insurance. Upon request, the long-term care insurance of your family member in need of care will reimburse you for the minimum premium for your health and long-term care insurance. Under the unemployment insurance program, mandatory coverage continues for the duration of the caregiving period. Under certain conditions, the amounts due will be covered by the long-term care insurance fund of your family member who needs care.
Family Care Leave
Family care leave allows you to reduce your working hours to an annual average of at least 15 hours per week for up to 24 months, provided you are employed by a company with more than 25 employees. Family care leave is available for close relatives. The Federal Ministry of Health defines exactly who is included here. In addition to home care, care provided to a minor in need of care at a facility outside the home is also recognized.
Upon request, the Federal Office for Family Affairs and Civil Society Functions will provide you with an interest-free loan equal to half of your reduced wages for the months during which you are caring for a family member, to supplement your income. For example, if you reduce your working hours from 100 to 50 percent, you may be able to receive a loan covering 75 percent of your most recent income during that time. After your return, the loan will be repaid in installments that are as consistent as possible.
During your family care leave, your employer will continue to pay your pension insurance contributions based on your reduced salary. In addition, under certain conditions, the long-term care insurance program pays contributions to the pension insurance program for the care provided, much as it would for compensation for time spent providing care. These benefits increase in proportion to the level of care needed. This ensures that family caregivers maintain their pension entitlements at roughly the same level as during their last full-time employment, despite providing care.
Note on Protection Against Dismissal
You are protected against termination— —during both care leave and family care leave, as well as during short-term absences from work, from the time you submit your application until the end of the leave, but no later than 12 weeks before the notified date.
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