🚨 Short-term absence from work in an acute care situation
In brief
If a relative suddenly needs care – for example after a fall or stroke – you as an employee have the right to stay away from work for up to 10 working days to organise suitable care or to provide it yourself during this time (§ 2 PflegeZG). This entitlement applies regardless of the size of the business – unlike the longer care leave. For the loss of earnings you can apply to the care insurance fund of the person in need of care for care support allowance (Pflegeunterstützungsgeld).
Step by step
- Inform your employer without delayTell your employer about your absence and its expected duration without delay (§ 2 Abs. 2 PflegeZG). No particular form is required; an informal notice (even verbally or by message) is enough.
- Have proof readyIf your employer requests it, you must present a medical certificate or a certificate from a qualified care professional confirming the need for care and that your absence is necessary.
- Apply for care support allowanceSubmit the application for care support allowance to your relative's care insurance fund – as soon as possible, because the fund requires a medical certificate of the acute situation.
- Organise careUse the time to organise short-term care: engage an outpatient care service, apply for a care level, prepare respite care (Verhinderungspflege) or a longer-term solution such as care leave.
Deadlines
- The entitlement is up to 10 working days per person in need of care and calendar year – if several relatives need care, the entitlement can arise several times accordingly, but is capped per relative.
- Under § 2 Abs. 3 PflegeZG the employer is only obliged to continue paying remuneration if this follows from another legal basis (e.g. collective agreement, employment contract). Without such a provision, a gap in earnings arises which care support allowance covers only in part.
- According to the available sources, care support allowance replaces around 90 % of the lost net earnings, capped in line with the contribution assessment ceiling; the exact current daily maximum is adjusted annually and must be requested from the care insurance fund – this page deliberately gives no fixed daily maximum, as it changes.
- The entitlement is designed for acute, newly arising care situations – it is not intended for care that is already under way or foreseeable; care leave or family care leave come into question for that.
In depth · legal basis, figures and practice – for advisers and professionals
Wording and requirements (§ 2 PflegeZG)
"Employees have the right to stay away from work for up to ten working days if this is necessary in order to organise suitable care for a close relative in need of care in an acutely arisen care situation or to ensure care provision during this time" (§ 2 Abs. 1 PflegeZG). Unlike care leave and family care leave, this entitlement applies regardless of the size of the business and does not require a care level to have been determined already – the acute need for care merely has to be made credible (paragraph 2).
Care support allowance (§ 44a SGB XI)
To compensate for the loss of earnings, the care insurance fund pays care support allowance on application. It is calculated in line with the principles of child sickness benefit (§ 45 Abs. 2 Sätze 2 bis 4 SGB V), that is, in essence around 90 % of the lost net earnings, limited by the contribution assessment ceiling of the health insurance. The entitlement exists regardless of whether the employer continues to pay remuneration or not; if the employer continues to pay, this is offset.
Relationship to other types of leave
Short-term absence from work can precede care leave or family care leave, but does not have to. It is a separate, short bridging option for the first acute phase.
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