Child sick: what rights workers have

If the child is often ill, the number of days lost by the parents increases rapidly. Good to know what rights working mothers and fathers have

When their child is sick, working mothers or fathers often have to stay at home

Yesterday the little one was fine, romped around and was in kindergarten. And this morning it’s in bed with stomach cramps and diarrhea. Then parents not only worry, they also have to improvise. And if no grandma or grandpa lives nearby who can step in, mother or father must stay at home. But is it really that easy? Then what about the salary?

Child sick: right to leave

"Every employee is entitled to an exemption", says Dr. Gabriele Hußlein-Stich, specialist lawyer for labor law in Nuremberg and vice president of the Association of German Labor Law Lawyers e.V.. "This is clearly regulated in paragraph 45 of the Social Code V." As a result, each parent can take ten days a year off to look after his sick child. This applies to children under the age of twelve, exceptions apply to disabled people or those who need help. Step-children and adoptive children are also considered children. If there are more than two children, you are entitled to a maximum of 25 days. For single parents, twice as many days apply, i.e. 20 days per child and year or 50 days for several children.

Our diagrams show the rules for child sickness benefit using the AOK as an example:

In certain circumstances, the employer continues to pay the full salary. Because paragraph 616 of the Civil Code provides that an employee who "is prevented without his fault in his service" – this also includes the illness of a child – which is paid off work. However, the law is not binding – and only applies for a limited period.

Paid leave is not guaranteed

After a decision by the Federal Labor Court, five working days are considered appropriate for the so-called "temporary prevention". But: "This paid leave is not clearly regulated by law", says Gabriele Husslein-Stich. Not only is it unclear how long an employer pays for the exemption, but also if at all. "They exclude many employment and collective agreements", says the lawyer. And if the boss requests additional overtime in return? "It is not legal. I would refuse", says Gabriele Husslein-Stich.

Terminations or warnings are also not effective in this context. If the employer does not pay or for less than ten days, working mothers and fathers are entitled to sickness benefit from their health insurance. However, certain requirements must be met. "The entitlement only applies if the sick child has not yet reached the age of twelve and no other person living in the household can supervise the child", explains the lawyer. To receive the benefit, you must submit a certificate from the pediatrician to the health insurance company. The health insurance companies then pay a loss of earnings. The amount is 70 percent of gross income, but a maximum of 90 percent of net wages.

Attention: If both parents are privately insured or if one parent and the child, then they do not receive child sickness benefit.

Sick days gone – what now?

And what to do when all sick days have been used up? Let yourself be on sick leave? "Better not", advises Gabriele Husslein-Stich. This is a legal violation and could result in termination. "If all days are used up, there is still the possibility to apply for vacation or to work from home", says the expert. Working time accounts are ideal. In the event of illness, overtime can be reduced or minus hours accumulated and later compensated.

If the child is in need of care, the parents are entitled to an exemption from the employer in accordance with the Long Term Care Act. The nursing period is a maximum of six months and the employer no longer has to pay the salary. However, the employee can apply for childcare allowance from the child’s long-term care insurance.

If a child under the age of 12 is terminally ill, parents are also entitled to unlimited leave and sick pay.

Inform superiors and colleagues quickly

Gabriele Hußlein-Stich advises parents to discuss with the supervisor as openly and as early as possible what options are available if the child falls ill. "It is important that something changes in people’s minds. And that only happens when you address the topic", says Husslein-Stich. In the event of an acute illness, the employer should be informed of the absence as soon as possible. "It is best to send the medical certificate on the same day by post, fax or email", says the lawyer. Good for the working atmosphere: when you call the office after the first hectic pace and inform your colleagues about upcoming appointments and tasks. In many cases, that’s what their experience shows, be it "a human rather than a legal problem", says Gabriele Husslein-Stich.

Last resort: emergency service for childcare

The little one cannot go to daycare, but you have an important appointment? Then an emergency childcare service could help. "This usually works very well because the children stay in their environment", explains Angela Schmidt, the 2012 "The emergency moms" founded in Hamburg. The costs of care must be borne by the parents. Both "emergency Mamas" parents pay around 30 euros per hour, but Angela Schmidt quickly arranges experienced carers. "We can make it anywhere in Hamburg within two hours", says Schmidt (www.notfallmamas.de *).

In many cities you can find associations that provide volunteers. The association has been in Munich for more than 20 years "Get well at home". The cost is 6.50 euros per hour plus travel costs (www.zu-haus-gesund-werden.de *). The emergency mother service can also provide hourly care in many German cities, round-the-clock care even nationwide. The hourly rate starts at 15.30 euros. As a rule, you should register two days in advance (www.notmuetterdienst.org *).

Good to know: Parents can deduct the costs from the tax as special expenses. "Employers are becoming increasingly involved", says Angela Schmidt. "Because they benefit the most when parents don’t fail." Her tip: ask the boss early!

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