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Child sick: When do parents receive continued wages?

2022-03-03T12:01:16.549Z


When the child is ill, one parent is usually unable to work. In which cases parents are entitled to continued payment of wages and to what extent.


When the child is ill, one parent is usually unable to work.

In which cases parents are entitled to continued payment of wages and to what extent.

Fever, runny nose, sore throat – if children complain about such symptoms, they have to stay home sick.

Especially if there is a suspicion of a corona infection.

So that parents can look after their sick children,

employers are obliged to give them time off

if the children are under 12 years old and there is no other care option in the household.

This also applies if parents can work from home.

But what happens to the salary*?

Do exempt parents receive continued wages?

We show in which cases continued payment of wages is granted, the amount and what parents have to consider.

Also read:

Child over 12 is sick: Can employees stay at home?

Child sick: when is there a right to continued payment of wages?

The right to continued payment of wages is clearly regulated in Section 616 of the German Civil Code (BGB).

This law stipulates that employees are always entitled to continued payment of wages if they are unable to perform their work for a "relatively insignificant" period - for reasons that are not their fault and through no fault of their own.

This includes caring for your own sick child.

Apprentices are entitled to continued payment of wages for caring for a sick child from Sections 3 and 19 of the Vocational Training Act (BBiG).

When is there no entitlement to continued payment of wages for caring for a sick child?

But be careful: In many

employment contracts, remuneration according to § 616 BGB is explicitly excluded

.

In this case, the employer does not continue to pay wages if the child is ill.

In the case of legally insured parents, however, the health insurance company will step in and pay child sickness benefits (see below).

+

If the child is sick, parents cannot go to work.

Many still receive continued wages.

©Panthermedia/Imago

How long do parents receive continued wages if the child is ill?

How long parents are allowed to stay at home paid according to § 116 BGB is not clearly regulated by law.

"As a

rule, a period of no more than five days

is considered not to be significant, " explains Nathalie Oberthür, specialist lawyer for labor and social law, in an article by the German Press Agency.

However , the

number of working days may differ in the employment contract or collective agreement

.

So always take a look at the employment contract to know when you may have to forego your salary.

Also read:

My child has Corona – can I still go to work?

entitlement to child sickness benefit

If the employment contract excludes continued payment of wages for caring for a sick child in accordance with § 616 BGB, the health insurance company pays child sickness benefit for parents with statutory health

insurance

.

As a rule, it is up to

90 percent of the lost net salary

.

However, certain conditions apply:

  • there must be a

    medical certificate from the pediatrician

    stating that the employee has to stay away from work to care for the sick child,

  • no other person

    in the household can take over the care,

  • the

    child is under the age of 12

    or is dependent on help, for example due to a disability.

Parental allowance is paid for a maximum of 10 days per year for each parent, and 20 days for single parents.

Irrespective of the number of children, the entitlement is limited to a maximum of 25 working days per year, or 50 working days for single parents.

During the corona pandemic, however, the entitlement to children's sick days was increased.

You can read more about this in this article.

How to tell your employer that your child is sick

Anyone who is looking after their sick child and is therefore unable to work

must inform their employer immediately

– as well as how long they are likely to be absent.

As a rule, a medical certificate

must be submitted

on the first day of illness .

Read this article for more information on how to report your child to your employer.

(

Sources: BGB, Haufe.de, allrecht.de

)

(as) *Merkur.de is an offer from IPPEN.MEDIA

.

List of rubrics: © Panthermedia/Imago

Source: merkur

All life articles on 2022-03-03

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