Everything was just fine, but suddenly the child is sick. Fever, cough, nausea - and then many parents have a problem: the child has to stay home and they can not go to work. Which rules do you have to adhere to? And what rights are theirs? Important questions and answers at a glance:
Can a worker stay at home when the child is ill?
In certain circumstances: yes. "At first, however, a distinction must be made between the right to stay away from work and the entitlement to continued payment of compensation," says lawyer Daniel Brügger, who specializes in employment law.
The right of an employee to stay at home when his child is ill is stated in section 45 (3) SGB V. According to this, a mother or father may stay away from work if, in the opinion of a doctor, a child needs to be cared for at home ,
Do parents receive money on their days off?
Parents who look after their sick child at home may be eligible for sickness benefit. This entitlement is limited to ten working days per child - with single parents to 20 working days. "It should be noted that the entitlement to payment of sickness benefit only exists if no remuneration is paid by the employer for the period of the child's illness and if the child has not exceeded the age of twelve," says Brügger.
Although the principle of "no wages without pay" applies in employment law, the employer is actually required to continue to pay if the employee has to stay home with a sick child. This claim arises from section 616 BGB. In principle, the employee does not have to be referred to sickness benefits, even though this has become the norm in practice, according to Brügger.
There is also no rigid limit of twelve years. "It depends on the individual case and the child need of care," says the lawyer. In the highest court of justice, there is still the question of whether the employer's obligation to pay in employment contracts can be ruled out.
How long may I stay at home when the child is ill?
As part of the statutory health insurance for married couples each parent may stay at home a maximum of ten days a year to take care of the ill child. With more than two children there are a maximum of 25 days.
Single parents are entitled to a maximum of 20 working days per child. If there are several children, the employee of the work may stay away for a maximum of 50 days per calendar year. In the case of an incurable illness of the child, employees may take unlimited unpaid leave.
By law, however, the exact duration of this claim against the employer is not fixed. According to paragraph 616 of the Civil Code, the missing days may only constitute a "relatively non-substantial period". "Rigid limits do not exist here." In an earlier ruling, the Federal Labor Court has even categorized a period of six weeks as relatively insignificant, "says Brügger.
If, in individual cases, the limits of section 616 BGB or paragraph 45 SGB V are exceeded, the entitlement to paid continued payment or sick pay ceases to exist.
Do I have to prove my child's illness?
Yes, the employer is entitled to proof proving that the child is in need of care. As in the case of one's own illness, the following applies: The employee must give the employer the reason for his absence and, if necessary, also provide written proof.
What happens if the child is sick longer?
The child is ill, the missing days have been used up - and now? In fact, the employee can only hope for a sympathetic boss in this situation. As a rule, both parties agree that the employee works from the "home office". If the employer does not agree, the parent has no choice but to take a vacation. Being illegally self-reported sick could result in termination.
