In the case of a sick child, it must be clarified how an exemption from work can be granted and which entitlements to remuneration and sick pay exist.
Exemption in the event of personal disability
Working parents are naturally forced to reconcile family and work. This can also work well as long as all family members are healthy. But if a child falls ill, the question arises as to who can stay with the child and what happens to the work.
For parents who have statutory health insurance, this is particularly the case § 45 SGB V essential.
Thereafter, there is a child under the age of twelve Right to exemption up to 10 working days a year for each child. Single parents are entitled to leave for up to 20 working days.
In addition to the right to exemption, the parent has one for the same period Right to sickness benefit according to § 45 paragraph 1 SGB V. The sickness benefit, also known as “child sickness benefit”, averages 75 percent of the net income. You can calculate how high your sickness benefit is yourself online, for example using the TK sickness calculator.
If a child is ill:
- for married people: maximum 10 days per calendar year
- for single parents: max. 20 days per calendar year for single parents.
If several children are ill:
- For married: Max. 25 days per calendar year
- for single parents: max. 50 days per calendar year.
Privately insured workers are also entitled to the appropriate exemption, but are not entitled to sick pay. Even if the child is not (also) covered by statutory health insurance, there is no entitlement to sickness benefit.
In summary, there is a claim to Exemption and sick pay according to the following conditions:
- sick child under the age of 12
- medical certificate from the first day of illness
- no other person living in the household is available to look after and care for the child
- the child is covered by statutory health insurance
Is the child twelve years or older, So that there is no entitlement according to § 45 SGB V, leave must be submitted or unpaid leave must be agreed with the employer.
Temporary prevention according to § 616 BGB
For privately insured employees, a right to remuneration is only considered in accordance with § 616 BGB. The regulation applies equally to privately insured and statutory insured persons.
According to this, the employer must release the employee from work for a short time.
Whether the employee actually continues to receive his wages despite the exemption depends on the contractual agreements in individual cases. Basically, § 616 BGB stipulates that the employee does not lose his right to remuneration if he only temporarily prevented is, its To do work. He must not be responsible for the prevention. This is the case with a child’s illness. In the event of a short-term absence, the employee continues to receive his wages in accordance with § 616 BGB.
The Federal Labor Court decided how many days the “temporary prevention” means in the regulation. So temporarily means a relatively insignificant time of five working days (Federal Labor Court, judgment of April 19, 1978, 5 AZR 834/76).
However, the employee must have the amount credited to them for the time of the prevention from health or accident insurance based on legal obligations. If the employee is a member of the statutory health insurance, the payments take place according to § 45 SGB V..
Furthermore, it is possible that the Continued payment of wages according to § 616 BGB excluded becomes. Because the regulation is not mandatory; it can be restricted or excluded entirely by the employment or collective agreement.
Therefore, as a privately insured person, you should pay particular attention to whether § 616 BGB is excluded in your employment or collective agreement.
Make correct claims for exemption and sick pay
So that even if you are sick of yours Child at home stay, have no problems with your employer and receive your respective remuneration claims without loss, take care of the following points:
- Immediately report to the employer that and probably how long you will have to stay at home because of your sick child so that the employer can reschedule accordingly due to your absence.
- Have the doctor issue a certificate that, in addition to the child’s illness, also certifies that the child needs supervision, care or care, so that one parent has to stay away from work.
- The employer can request the presentation of a medical certificate; In this respect, it is advisable to send him the attestation immediately with the application for exemption.
- At the same time, you submit an application for sickness benefit to your health insurance company; you must also submit the medical certificate here. For the claim, an application form must be filled out, which you will receive from your health insurance.
Let yourself be on sick leave?
If all sick days or days off are exhausted, as a parent you can think of getting yourself sick. However, this is legally inadmissible and can lead to termination without notice if in doubt. If all days are used up, vacation can be requested. If necessary, overtime can be reduced or minus hours collected and reworked later. Perhaps a solution can also be found with the employer to work in the home office.
Claim in the event of a child’s accident
If the child is injured due to an accident and is therefore in need of care, you can claim sickness benefit from the accident insurance consist. This is the case if the accident happened in kindergarten, daycare or school or on the way to or from the respective site.
Claims in serious illnesses
In the case of long-term illnesses of the child, claims exist according to Pflegezeitgesetz, as regulated there in particular in Sections 2-4 of the Nursing Care Act. These claims apply not only to the care of children, but also to other close relatives. This can only be claimed for a free exemption. A claim to remuneration can only arise from § 616 BGB.
One differentiates between the claim to short-term exemption (up to 10 days for short-term care or organization of long-term care) and the right to one longer-term care time for home care.
If a legally insured child is terminally ill, the following applies Section 45 (4) SGB V. In the cases mentioned there, parents can have one unlimited Claim exemption and payment of child sickness benefit.
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