Legal basis

Employees have the right to take up to 10 days of temporary leave from work in the event of an acute care situation involving close relatives to organize care or arrange nursing care. According to the Care Leave Act, an acute care situation is given when it arises suddenly and unexpectedly. Employees can apply for care support allowance from the care insurance fund of the individual requiring care as a wage replacement. The employer must be immediately notified of the short-term absence from work.

Further information can be found on the “Wege zur Pflege” (Paths to Care) page of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Under these circumstances, civil servants may apply for leave of absence with continued remuneration in accordance with Section 16 No. 2 letter c) of the Hessian Leave Regulation. Provided that there are no urgent official reasons preventing this, leave of absence of up to eight working days per calendar year may be granted. The application must be submitted to the Human Resources and Organisation Department via the supervisor. A simple certificate confirming the (expected) need for care of the relative must be enclosed with the application.

Under the Care Leave Act, employees can take up to six months of full or partial leave from work to care for a close relative in their home environment.

The notification period for the employer is ten working days and evidence of the need for care is required. Employees have the option of taking out an interest-free loan to compensate for the loss of income.

Further information can be found on the “Wege zur Pflege” (Paths to Care) page of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Civil servants may, in accordance with Section 64b of the Hessian Civil Service Act, apply for part-time employment of less than 15 hours per week or unpaid leave for a maximum period of six months. The application must be submitted with proof of the need for care (certificate from the care insurance fund or the medical service of the health insurance fund or a private care insurance company, or a medical report). During this period, an advance on remuneration will be granted. Entitlement to aid continues to apply for leave of absence of up to a maximum of three months for each relative in need of care.

Employees have the option to take three months of partial or full leave from work to accompany close relatives in the final stages of their lives. This is also possible if the relative is not being cared for at home but in a hospice or other facility. However, a medical certificate confirming the relative's limited life expectancy is required. Employees have the option to take out an interest-free loan to compensate the loss of income.

Further information can be found on the “Wege zur Pflege” (Paths to Care) page of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Civil servants also have the option of applying for special leave without pay for important reasons in accordance with Section 15 (1) of the Hessian Leave Regulation under the above-mentioned conditions of the Care Leave Act. A medical certificate must be attached to this application. The application shall generally be granted up to the maximum duration specified in Section 4 of the Care Leave Act. For a maximum period of three months for each relative in need of care, entitlement to aid during special leave continues to apply.

Employees have the option of taking partial leave from work for up to 24 months to care for a close relative at home. Working hours are reduced to 15 hours per week.

The notice period for the employer is 8 weeks, and evidence of the need for care is required. Employees have the option of taking out an interest-free loan to compensate the loss of income.

Further information can be found on the “Wege zur Pflege” (Paths to Care) page of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Civil servants may apply for part-time employment for a maximum period of 24 months, working at least 15 hours per week, in order to care for a close relative in accordance with Section 64a of the Hessian Civil Service Act. The application must be accompanied by proof of the need for care (certificate from the care insurance fund or the medical service of the health insurance fund or a private care insurance fund, or a medical report). During this period, an advance on salary is granted. The entitlement to aid continues to apply.

During the leave of absence for caregiving or family care, employees can apply for an interest-free loan to compensate for the loss of income. The interest-free loan is paid out in monthly installments and must be repaid in installments after the leave of absence has ended.

To help you calculate the amount, you will find a family care leave calculator on the “Wege zur Pflege” (Paths to Care) page, which provides guidance on the size of the interest-free loan.

The interest-free loan is applied for at the Federal Office for Family Affairs and Civil Society Functions (BAFzA). Further information on the interest-free loan can also be found on the “Wege zur Pflege” page.

Civil servants are granted an advance payment during a period of care in accordance with Section 64b of the Hessian Civil Service Act or a period of family care in accordance with Section 64a of the Hessian Civil Service Act. The advance payment shall be offset against current remuneration in instalments after the end of the care period/family care period or may alternatively be repaid in a lump sum. In the event of a previous care period or family care period in which the total duration of 24 months has been exhausted and the advance payment has not yet been repaid in full, no advance payment may be granted.

Employees who take time off work to provide care should be aware of their own insurance status.

Information on health and nursing care insurance during caregiving activities can be found on the website of the Consumer Advice Center. Information on accident, pension, and unemployment insurance can be found on the Consumer Advice Center website as well.

Summarized information on the topic of social security can also be found on the “Wege zur Pflege” (Paths to Care) website.

Long-term care insurance offers benefits and services to support people in need of care and their caregiving relatives. These include both financial benefits and non-monetary benefits, which vary depending on the level of care required and the care situation (outpatient care, care in a nursing home, or alternative forms of living).

An overview of the care benefits provided by long-term care insurance can be found on the website of the Federal Ministry of Health and in the brochure “Pflegeleistungen zum Nachschlagen” (Care benefits to look into).

The interactive care benefits assistant provides an overview of benefits for people in need of care as well as their relatives.