What you should know about child sickness benefit
Cough, fever, gastrointestinal problems: If a child is ill and cannot go to nursery or school, parents often have to stay at home. When they are then entitled to child sick pay.
When children are ill, this often means that working parents cannot go to work. However, employees can claim paid leave from work "if the child is ill for no longer than five days". However, only if the application of Section 616 of the German Civil Code (BGB) has not been contractually excluded, explains Nathalie Oberthür, a specialist lawyer for employment law in Cologne. And this exclusion is possible in principle.
However, if they are not granted paid leave, parents are entitled to unpaid leave when their child is ill: so-called children's sick days. Parents with statutory health insurance then receive child sick pay to compensate for their loss of earnings.
But how does this actually work? Answers to the most important questions.
How many children's sick days are parents entitled to?
Until the end of 2023, parents with statutory health insurance can apply for child sick pay for 30 working days per child, and for no more than 65 working days in total if they have several children. However, this extended period of entitlement during the coronavirus pandemic will be reduced at the turn of the year. In 2024, it will then be 15 working days per child and parent, according to the Federal Ministry of Health. If there are several children, there will be a maximum of 35 working days per parent.
Child sickness benefit is available for every legally insured child under the age of twelve. There is no age limit for children with disabilities who are dependent on assistance.
What applies to single parents?
Single parents can apply for child sickness benefit for 60 working days per child until the end of 2023. In 2024, single parents will then be able to claim 30 days per child, or a maximum of 70 working days if they have several children.
What about privately insured persons?
Privately insured persons are not legally entitled to child sickness benefit. If one parent has private insurance and the other parent and the child have statutory insurance, only the parent with statutory insurance is entitled to child sickness benefit. However, if the child is privately insured with the other parent, there is no statutory entitlement to child sickness benefit, as the Federal Ministry of Health explains on its website.
How do I apply for child sickness benefit?
Parents must apply for children's sickness benefit from their health insurance fund. In order to receive child sickness benefit, they need a medical certificate confirming their child's illness - currently from the first day. However, this could change in the future.
Good to know: Parents can now also obtain a doctor's certificate stating that they need to look after a sick child over the phone and without an extra visit to the doctor's surgery. Certificates for the receipt of child sickness benefit are possible for a maximum of five days. This was announced by the National Association of Statutory Health Insurance Funds following an agreement with the National Association of Statutory Health Insurance Physicians. Another condition is that the child is known to the doctor and that they consider it acceptable to issue the certificate by telephone.
Don't forget: "As with your own illness, employees should also report to their employer immediately if their child is ill," advises Oberthür.
How much is children's sick pay?
The health insurance fund calculates children's sick pay based on the employee's salary. As a rule, according to the Federal Ministry of Health, it amounts to 90 percent of the lost net pay.
How flexibly can children's sick days be taken?
Children's sick days can also be taken for individual days. If parents of sick children can alternate childcare or have other childcare on some days, they can use their children's sick days on two out of five days a week, for example.
However, the legal regulation does not provide for an entitlement to unpaid leave for individual working hours or half days, writes the Federal Ministry of Health on its website.
I have already exhausted my child sick days. Can the other parent transfer their children's sick days to me?
There is no legal entitlement to this. However, if the employer of the parent who has already exhausted their children's sick days agrees, a transfer is possible.
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- During the Corona crisis, advisors from labor law firms have seen an increase in parents seeking clarification about their entitlement to child sick pay, as the employer's policies on Corona measures vary.
- The Advisor from a labor law firm emphasizes the importance of employers being aware of their responsibilities under labor law, especially during pandemics like corona, to ensure that parents are treated fairly and entitled to statutory health insurance funds.
- In times of pandemics such as the Corona crisis, parents may have to stay at home to care for their unwell children, leading to potential issues with their employment status and entitlement to health insurance benefits.
- Employers should consider implementing flexible working conditions during pandemics, such as allowing employees to work from home or adjusting their working hours, to support parents who have to take care of their children due to Corona measures or illness.
- Health insurance companies should also communicate clearly with parents about their entitlement to child sick pay during pandemics, as misunderstandings and inconsistencies in policy can lead to stress and financial hardships for families.
Source: www.ntv.de
