When a family member suddenly falls ill or requires care, employees face a double challenge: they want to be there for their loved ones—without jeopardizing their job. German labor law provides specific protections for these situations. This article explains what rights you have, what deadlines apply, and how you can defend yourself against an unfair dismissal.
Key points at a glance
- Short-term leave: If you need to provide urgent care for a family member, you are entitled to up to 10 working days of leave per calendar year—with a care allowance (90% of your net salary) to replace your income.
- Caregiving leave: You may take full or partial leave for up to 6 months to care for a close relative at home—without continued pay, but with special protection against termination.
- Family Care Leave: The law provides for up to 24 months of part-time work (at least 15 hours per week) for family caregivers.
- Special protection against dismissal: Once you have notified your employer of your intention to take care leave, your employer generally may not terminate your employment—regardless of the type or reason for the termination.
- Supporting the Dying: The Care Leave Act (PflegeZG) also protects the right to be with a family member with a limited life expectancy during their final weeks.
What are the rules for short-term absence from work due to caregiving?
If a close relative unexpectedly requires care, you may take immediate leave from work—for up to 10 workdays per calendar year per person requiring care. Since January 1, 2024, this rule has been made more flexible so that the entitlement is no longer limited to a total of ten days but is renewed eachcalendar year. You must notify your employer immediately and provide a doctor’s note confirming the need for care.
If your employer refuses to grant you time off or puts pressure on you, it’s worth getting a brief legal assessment—an attorney specializing in employment law can quickly determine whether your claim is enforceable.
Will I receive any pay during my leave of absence?
The care support allowance serves as a wage replacement if your employer is not required to continue paying your wages—which is not mandated by the Care Leave Act. The benefit is provided by the long-term care insurance fund of the family member in need of care and amounts to 90% of your net pay, up to a maximum of 70% of your gross income. You submit the application directly to the responsible long-term care insurance fund—not to your employer.
What is family care leave, and who is eligible for it?
Care leave under Section 3 of the Care Leave Act (PflegeZG) allows for full or partial leave of up to 6 months to care for a close relative in their home environment. This entitlement applies to close relatives: spouses, domestic partners, parents, grandparents, children, grandchildren, siblings, as well as parents-in-law and stepparents. Important: This entitlement applies only to employers with more than 15 employees; smaller businesses are not required to grant care leave.
Here is an overview of how the caregiving leave is structured:
- Notice period: Give written notice to your employer at least 10 business days before the start date
- Duration: Up to 6 months (full or partial leave)
- Compensation: No statutory continued pay; an interest-free loan is available through the Federal Office for Family Affairs and Civil Society Functions (BAFzA)
- Care Level: A recognized care level is not always a requirement—protection applies even in cases of acute need
What is the difference between care leave and family care leave?
While care leave provides for full-time leave of absence for up to 6 months, family care leave under the Family Care Leave Act (FPfZG) allows for a reduction to part-time work of at least 15 hours per week for up to 24 months. Both models can be combined—provided that the total duration of care leave and family care leave does not exceed 24 months. Family care leave also applies only to employers with more than 25 employees.
| Feature | Care Leave (PflegeZG) | Family Care Leave (FPfZG) |
| Max. duration | 6 months | 24 months |
| Minimum working hours | 0 hours (complete) | 15 hours per week |
| Farm size | > 15 employees | > 25 employees |
| Continued pay | No | No |
| Interest-free loan | Yes | Yes |
What protections against termination apply during a leave of absence for caregiving?
This is where one of the strongest protections under labor law comes into play: According to Section 5(1) of the Care Leave Act (PflegeZG), an employer may not terminate the employment relationship from the time the care leave is announced until its conclusion. This special protection against termination applies without exception—to every type of termination and every reason for termination, regardless of whether it is based on conduct, personal circumstances, or operational reasons. Exceptions are possible only in special cases with the express approval of the competent state authority.
If your employer disregards this protective provision and terminates your employment anyway, you must file a claim for unfair dismissal with the competent labor court within 3 weeks of receiving the notice of termination. This deadline must be strictly observed—if you miss it, you will generally lose the right to challenge the termination.
What should you know when caring for seriously ill or dying family members?
The Care Leave Act also protects the right to be with a family member during their final weeks of life. Under Section 3(6) of the Care Leave Act, employees may take full leave or reduce their working hours if a close family member is suffering from an advanced, incurable illness and has a limited life expectancy of weeks to a few months. It is sufficient to simply not want to leave the relative alone—active caregiving is not required. The 10-business-day notice period generally applies here as well, but may be shortened in urgent cases.
What rights do parents have when their child is sick?
Under Section 45 of Book V of the Social Code (SGB V), parents with statutory health insurance are entitled to child sickness benefits if a child under the age of 12 falls ill and the other parent is unable to care for the child. The child sickness benefits amount to 70% of gross pay, up to a maximum of 90% of net pay.
Key figures at a glance:
- Days per parent: 15 workdays per child per year (30 days for single parents)
- Age limit for children: Under 12 years old (no age limit for children with disabilities)
- Requirement: A doctor's note and no other care options available
- Special Case: Palliative Care —In the case of a child with a terminal illness, there is no time limit
Are employees eligible for severance pay if they have to leave their job due to caregiving responsibilities?
In Germany, statutory severance pay is not an automatic entitlement—however, it is often granted as part of a termination agreement or a settlement reached in labor court. Employees who file an unfair dismissal suit due to an unlawful termination during a caregiving leave period and reach a settlement with their employer often receive a severance payment that helps cushion the financial impact of leaving their job. A general guideline is half a month’s salary per year of employment—though the actual amount depends heavily on the circumstances of the individual case.
What do I need to do if I want to take care leave?
To take care leave, you must follow these steps:
- Written notice to the employer at least 10 working days before the start date
- Specify the time period, scope, and, if applicable, the desired work schedule
- Proof of need for care (medical certificate or care assessment)
- Application for an interest-free loan from the BAFzA if income support is needed
- Document all communication with the employer—in writing and with a confirmation of receipt
[h2]Conclusion[/h2]
German labor law provides family caregivers with a comprehensive framework of protections—ranging from short-term leave and caregiving leave to absolute protection against termination. It is crucial to comply with the statutory deadlines and formalities: In most cases, timely written notice is the basic prerequisite for protection. Anyone who is nevertheless faced with termination should immediately consider filing a wrongful termination suit, keeping the three-week deadline in mind. The combination of care leave and family care leave theoretically allows for up to 24 months of protection and flexibility—provided the company is large enough. In cases of doubt, it is advisable to seek early consultation with a specialist labor law attorney to understand all options before important deadlines expire.
