Sick Baby: How the Law Protects Your Time Off Work

During their first year, babies are busy building their immune systems, which often brings a few inevitable infections. When your child falls ill, it is completely natural to worry and simply want to be by their side. This guide explains how the law in Germany protects your time off and what financial support is available to you during these moments.

Basics: Your Right to Time Off

When your child is sick, employees in Germany have a legal right to stay home. The law protects families by granting unpaid leave from work for child care. This means your employer must allow you the time off to care for your little one.

To cushion the loss of income during this time, the statutory health insurance steps in with what is known as child sick pay. The main requirement is that both you and your child are covered by public health insurance. Additionally, there must be no other person in the household available to care for the child.

Medical necessity is a key factor. If your child has a fever or feels unwell, a visit to the pediatrician is highly recommended. There, you will receive not only the best medical advice but also the required medical certificate for your employer and health insurance provider.

For the years 2024 and 2025, each parent is generally entitled to 15 child sick days per child. Single parents receive 30 days. If you have multiple children, the allowance increases to a maximum of 35 days per parent, or 70 days for single parents. The child sick pay usually amounts to about 90 percent of your lost net income.

Practical Tips for When Illness Strikes

Inform your employer immediately

Reach out to your employer as soon as it becomes clear you need to stay home. A quick phone call or a clear email before your shift starts is usually sufficient. Being transparent helps everyone adjust their daily work planning.

Get the medical certificate on the first day

Unlike when you are sick yourself, many employers require a medical certificate for a sick child starting from the very first day of absence. Schedule an appointment at your pediatrician's office promptly. The clinic will then issue the official child sickness certificate.

Submit your application to the health insurance quickly

The medical certificate comes in multiple copies. One part is for your employer, and another is for your health insurance. You simply fill out the application for child sick pay on the back of the insurance copy and send it in. Many insurers now offer a convenient app for this step.

Coordinate with your partner

If both parents are working, you can share the caregiving days between you. This not only lightens the load for each person but also helps balance absences at work. Some employers and health insurance funds even allow you to transfer days if one parent has already used up their allowance.

Check the rules for private health insurance

If either a parent or the child is privately insured, the statutory rules for child sick pay often do not apply. In this case, it is worth checking your employment contract. Sometimes the employer continues to pay your salary for a few days, or your private insurance policy includes specific benefits.

Common Questions

Does the right to time off apply during the probation period?

Yes, the right to take time off to care for a sick child applies from the very first day of employment. You are allowed to stay home to care for your child even during your probationary period.

What happens if all child sick days are used up?

Once all statutory days are exhausted, you can request unpaid leave from your employer. Alternatively, you can use your regular vacation days or accrued overtime to bridge the gap.

Can the employer refuse the time off?

No. If you have a medical certificate and no other caregiver is available, the employer is legally obligated to grant you the time off. This is a firmly established legal right.

Summary

• Each parent with statutory health insurance is entitled to 15 child sick days per child each year.
• The statutory health insurance pays child sick pay during this period.
• Your employer must be notified immediately about your absence.
• A medical certificate from your pediatrician is usually required from the first day.
• Different rules often apply for private insurance, which need to be checked individually.