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Child sickness benefit and Corona: the most important information

2021-04-28T08:31:42.820Z


First it was 10 days, then 20, and now parents can take 30 days off to look after their children. Here are the answers to the most important questions.


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Photo: La Bicicleta Vermella / Getty Images

The daycare center is closed again and classroom classes are canceled, and yet again you cannot work in peace?

In such cases you can apply for child sickness benefit.

This benefit from the statutory health insurance is actually intended so that parents can take time off from work in order to look after a child in the event of illness.

During the corona crisis, however, this definition was expanded: Parents can now also take childhood illness days if they simply do not have any care options for their child.

And for the second time the number of days has been increased - to 30 days per child and parent.

Here are the answers to the most important questions:

Who can apply for child sickness benefit?

Basically all working people who, like the children concerned, are legally insured and for whom no person living in the household can take care of the children.

What is it like when one is legally insured and the other privately?

You are only entitled to child sickness benefit if you and the child are legally insured.

If the child is privately insured with the other parent, there is no entitlement to child sickness benefit.

(More about the options for privately insured persons below.)

How many childhood sick days can I submit?

In pre-pandemic times, each legally insured parent was entitled to ten days of child sickness benefit per child.

This number has been increased to 20 and now to 30 days for the year 2021.

If you have more than one child, you can apply for child sickness benefit for a maximum of 65 days.

Single parents are entitled to 60 days per child, with several children a maximum of 130 days.

Example: In a family with two parents and three children, the parents could take a total of 130 working days - around six months.

Does the rule also apply when you work from home?

Yes.

Parents who work in the home office or who could theoretically do so also have the option of applying for child sickness benefit instead if they need childcare.

Do I have to provide evidence of the need for childcare to the health insurance company?

That depends on the health insurance company, but for most of them it is sufficient to fill out an (online) form.

The Techniker Krankenkasse and Barmer, for example, explicitly point out that they do not require any evidence as to whether emergency care would be possible.

What if the school offers face-to-face tuition or the daycare center offers emergency care, but I don't want to send my child there for fear of infection?

In general, you are not obliged to use emergency care for your children.

"Just because there is theoretically the possibility of emergency care, you do not fail with your application for child sickness benefit," says labor lawyer Alexander Birkhahn from Koblenz.

However, it can get complicated with alternating lessons in schools.

“The decisive factor is whether your child is required to be present or not.

And that can be different in every federal state. "

What if my child is only allowed to go to school every other day in alternating lessons.

Can I then apply for child sickness benefit every other day?

Yes, you can do this up to the maximum number of days that applies to you.

With some health insurance companies, you do not have to apply for child sickness benefit every day, but can specify periods of time during which you care for your child on a daily basis, for example on Mondays, Wednesdays and Fridays.

What is the maximum age the children can be to receive child sickness benefit for their care?

The regulation applies to children up to 12 years of age.

The entitlement expires on the 12th birthday.

There is no age limit for children with disabilities who need help.

Can I transfer idle days to the other parent?

There is no legal entitlement to this, but it is basically possible - if the employer, who then has to leave one of the parents, agrees.

Those affected who have already exhausted their childhood illness days should therefore first seek a discussion with their employer.

Can my employer require that I cut overtime before I apply for child sickness benefit?

No.

If parents take childhood illness days, they are entitled to a leave of absence.

A reduction in overtime cannot be requested with reference to other regulations or company agreements.

Can I also get child sickness benefit for half a day?

No.

The statutory regulation does not provide for an entitlement to unpaid leave for individual hours of work or half a day.

I work part time.

Am I entitled to just as many childhood illness days?

Although parents in particular often work part-time, this case is not clearly defined by law.

"Interestingly, this question is not discussed in legal science or in case law," says labor lawyer Alexander Birkhahn.

In his opinion, however, the full entitlement also applies to part-time employment.

"Since the law does not impose any restrictions on part-time workers, the values ​​should apply to everyone."

What about school holidays?

If vacations are extended or an unscheduled decision is made due to the pandemic, entitlement to child sickness benefit also applies during this period.

This is not the case for regular vacation periods.

How much child sickness benefit do I get?

Child sickness benefit amounts to around 90 percent of the lost net wage.

If you have received one-off payments such as vacation or Christmas bonuses in the previous twelve months, the amount can even be between 90 and 100 percent of the net salary.

What applies to privately insured or self-employed?

Separate rules apply:

  • Privately insured: If a child is insured through a privately insured parent, neither parent is entitled to child sickness benefit - not even the partner who may be legally insured.

    For those with private health insurance there is the possibility of compensation for loss of earnings according to the Infection Protection Act.

    Here, however, the compensation is capped at 2016 euros per month.

  • Self-employed: Anyone who is self-employed full-time and has statutory health insurance can only apply for children's sickness benefit if they are entitled to regular sickness benefit under insurance cover.

  • Civil servants: Federal civil servants are also entitled to the extended childhood illness days.

    The individual state authorities decide on the regulation for state officials.

  • 450 euro jobbers: Parents with marginally paid employment are not entitled to child sickness benefit as they are not required to have health insurance.

    However, you are entitled to unpaid leave from work.

  • People on short-time work: Even during short-time work, those legally insured are entitled to child sickness benefit.

    But: Short-time work allowance and child sickness allowance may not be drawn at the same time.

How do I apply for child sickness benefit?

The application runs directly through the respective statutory health insurance.

The health insurers have made forms for the new regulation available for download on their websites.

For what period does the regulation apply?

"It applies as long as an epidemic situation is identified," says labor lawyer Alexander Birkhahn.

You can also apply for child sickness benefit retrospectively up to January 5, 2021.

What other financial aid is there for working parents?

All parents, regardless of child sickness benefit, are also entitled to special Corona leave and the associated loss of earnings payments in accordance with Section 56, Paragraph 1a of the Infection Protection Act.

This includes up to ten weeks per parent and up to 20 weeks for single parents.

However, the compensation is only around 67 percent of the net salary and is capped at 2016 euros per month.

The money is paid by the employer, who can then have the service reimbursed by the health department.

What are the requirements for such a loss of earnings payment?

You have to make it credible to the employer that there is no other reasonable care option for your child. You will not receive any loss of earnings for the days on which you reduce working time credit to look after the child or for which you or the other parent have already applied for child sickness benefit. And entitlement ends when a child turns 12, unless the child has a disability.

Source: spiegel

All business articles on 2021-04-28

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