Rights of Cross-Border Caregivers in Germany

This leave is intended to allow the employee to suspend or adjust their professional activity in order to care for a relative requiring care (whether provided at home or elsewhere), or to accompany a relative at the end of life. The maximum duration of the leave is six months, which can be taken as a full work interruption or a transition to part-time work.

Conditions

Access to this leave is subject to recognition of a care need, with the relative concerned requiring at least care level 1 under the German long-term care insurance.

The term “relative” is understood broadly and includes the spouse or partner, parents and parents-in-law, brothers and sisters, as well as children; this list is not exhaustive.

During the leave, the employee generally does not receive any salary, but they may request an interest-free loan to mitigate income loss. This financial support is granted by the Federal Office for Family and Civil Society Tasks (BAFzA). The loan is paid monthly and generally corresponds to half of the net salary lost due to reduced or interrupted working hours. Repayment occurs over a maximum period of forty-eight months from the start of the leave.

Procedures

The employee must inform their employer at least ten working days before the planned start of the leave. They must also provide proof of the care need through a certificate issued by the long-term care insurance fund or the competent medical service. If the relative is affiliated with mandatory private long-term care insurance, an equivalent certificate must be provided.

This leave is designed to allow the employee to provide care for a relative requiring care over an extended period, while continuing professional activity on a reduced-time basis. The maximum duration of the leave is 24 months, and the employee must maintain a minimum of 15 hours of work per week.

Conditions

To be eligible for this leave:

• The company must have at least 25 employees.
• Care must be provided at home. However, in exceptional cases, it also applies to care provided outside the home for minor relatives.
• The term “relative” is understood broadly and includes the spouse or partner, parents and parents-in-law, brothers and sisters, as well as children; this list is not exhaustive.

During the leave, the employee’s salary is reduced proportionally to the hours worked. To partially offset this income reduction, the employee may request an interest-free loan, granted under the same conditions as for care leave (Pflegezeit).

Procedures

The employee must inform their employer at least eight weeks before the planned start date of the leave and agree with them on the adjustment of working hours.

This provision allows an employee to be absent from work in order to immediately address an unforeseen care situation, such as a sudden illness, an accident, or the urgent need to organize care for a relative. The absence can last up to ten working days per care situation, and it does not need to be taken as a continuous leave.

Conditions

Eligibility for this absence is subject to two cumulative conditions:

1. The person being cared for must be considered a “close relative” under German law, which includes the spouse, parents and parents-in-law, brothers and sisters, and children; this list is not exhaustive.
2. There must be an immediate and proven necessity to organize or provide care.

This right applies regardless of company size; no minimum number of employees is required.

Regarding remuneration, the law does not require the employer to maintain salary during this absence. However, the employee may be entitled to a care support allowance (Pflegeunterstützungsgeld), paid by the long-term care insurance of the person receiving care. This benefit is intended to partially compensate for income loss during the absence related to the care situation.

Procedures

The employee must inform their employer immediately of the absence. The employer may require a medical certificate confirming the urgent care situation. In addition, the application for the care support allowance must be submitted directly to the long-term care insurance fund of the relative concerned.