Caregiver leave

According to the collective agreement for the public sector of the federal state (TV-L), the Caregiver Leave Act (Pflegezeitgesetz, PflegeZG) or the Family Caregiver Leave Act (Familienpflegezeitgesetz, FPfZG), employees should be given the opportunity to care for close family members in their home, thereby enabling them to reconcile family care and work life.

Exemption from work due to illness of a close family member living in the same household for employees (TV-L)

According to para. 29 section 1 sentence 1 (e), employees (TV-L) of the University of Wuppertal continue to receive their salary for one day if a family member is taken ill and they live in the same household as the person in need of care.

The continued payment presupposes - as does the entitlement under § 2 of the Caregiver Leave Act - that care for the relative cannot be provided in any other way and that there is a certificate from the doctor stating that the relative is in need of care.

Short-term absence from work acc. to para. 2 of the Caregiver Leave Act

A short-term exemption from work implies a brief period of care occurring at short notice and unexpectedly.

This provision applies to employees who need to take care of close relatives and is intended to be a quick solution in urgent situations. The legislator provides that, similar to child sick pay, the employee will be paid a wage compensation benefit covered by the long-term care insurance. In these cases, employees are entitled to take time off work for up to ten working days, provided that no other person living in the same household can look after of the person in need of care.

In order to make use of this option, the following steps have to be taken.

• Inform the superior immediately about the case of acute need.
• Apply for the carer’s support allowance immediately (§ 44a, 10th book of the Social Security Code, Sozialgesetzbuch) as, in the worst case, the claims will no longer be enforceable.
• Provide a certificate from the attending physician of the family member about the need for care.

Short-term absence from work acc. to para. 3 of the Caregiver Leave Act or para. 2, 3 of the Family Caregiver Leave Act

Employees can be exempted from work either partially for the duration of up to 24 months or completely for the duration of up to 6 months if they need to take care of a close relative. Employees must prove the need for long-term care with a certificate of the health insurance company or the medical service of the respective health insurance company.

There is the possibility of a leave of absence according to the Caregiver Leave Act (PflegeZG) or the Family Caregiver Leave Act (FPfZG).

Caregiver Leave Act § 3 (PflegeZG)

• A maximum of 6 months full-time or part-time exemption from work to take care of a close relative, including minors, at home
• A maximum of 3 months full-time or part-time exemption from work to accompany a close relative in the last stage of life at home or at a hospice
   
• The employee must inform his*her superior and Section 4.4.1 – Absences 10 days before the due date at the latest (when changing from caregiver leave to family caregiver leave 8 weeks before its beginning at the latest).
• The exemption from work ends 4 weeks after the circumstances ceased to exist. The superior and Section 4.1.1 have to be informed as soon as the conditions do no longer apply. 
   
• During a full-time exemption, employees receive no salary payments. Holidays will be reduced proportionally. In case of a part-time exemption, the salary will be aligned with the reduced working hours.
• It is possible to apply for an interest-free loan from Federal Office of Family Affairs and Civil Society Functions (BAFzA). It is paid monthly and amounts to half of the difference between the overall net income before and during the exemption to compensate for the loss of income.

Family Caregiver Leave Act §§ 2, 3 (FPfZG)

• A maximum of 24 months (including caregiver leave mentioned above) part-time exemption from work to take care of close relatives, including caring for minors, at home. At the same time, the employee works for a minimum of 15 hours per week.
• The employee must inform his*her superior and Section 4.4.1 – Absences 10 days before the due date at the latest (when changing from caregiver leave to family caregiver leave 8 weeks before its beginning at the latest)
• The exemption from work ends 4 weeks after the circumstances ceased to exist. The superior and Section 4.1.1 have to be informed as soon as the conditions do no longer apply.
   
• During part-time exemption, the salary is aligned with the reduced working hours.
• It is possible to apply for an interest-free loan from Federal Office of Family Affairs and Civil Society Functions (BAFzA).
  It is paid monthly and amounts to half of the difference between the overall net income before and during the exemption to compensate for the loss of income.