Dusseldorf In the middle of the Omikron wave, school started again this week. Despite the increasing number of infections, the federal states are sticking to face-to-face teaching. There is great uncertainty among teachers, students and parents, and many are afraid of infection.
The care of smaller children in day-care centers is also on shaky ground. Because more and more staff are reporting sick, many daycare centers are unable to maintain care. In addition, the virus can spread much more easily among unvaccinated young children.
Some facilities are already reacting now and closing individual groups or even the entire daycare center. As the number of infections increases, these scenarios become even more likely.
What do employees with children and their superiors need to know in such a situation? What rights do employed parents have, what obligations do they have towards their employer? Answers to the most pressing questions:
Yes. However, the situation is only clear if the child is twelve years old or younger. Up to this age, labor law assumes a “need for care”. In the case of older children, parents must weigh up the situation and discuss with their employer how childcare can be ensured.
In any case, employees with children should inform their line manager immediately if the daycare group is tight or if several hours of school lessons are missed. Because: “Anyone who stays away from work without prior notice risks receiving a warning,” explains Peter Weck, partner at the Advant Beiten law firm in Düsseldorf and member of the labor law practice group.
Do I still get paid if I have to stay at home for childcare?
If it is only for a few days, the employer is required to continue to pay the employee in full. But: employers often exclude the regulating paragraph 616 of the German Civil Code (BGB) via employment contracts. It is therefore advisable to take a look at the documents.
If a child has to be quarantined, this goes beyond the 616 regulation. Then there is a so-called claim for compensation under the Federal Infection Protection Act. This amounts to 67 percent of net income, but is limited to 2016 euros per month.
There are the following requirements for this:
- The day care center or school must have been closed “due to an official order”. This includes quarantine by the local health department, for example.
- The child is younger than twelve years.
- The other parent cannot step in without loss of earnings.
My child only has a mild runny nose, but is still not allowed to go to school or daycare – can I stay at home then?
If the child is sick, even if they have only mild cold symptoms, the situation is a little different. Parents can then look after their child at home and use so-called children’s sick days. A certificate from the pediatrician is sufficient for the employer.
Parents with statutory health insurance are entitled to 30 days of childhood illness per child in 2022 – as in the previous year, and 60 days for single parents. Parents who have several children are allowed to take a maximum of 65 children’s illness days per year, with single parents the limit is 130 days.
If the employer does not pay for the children’s sick days, legally insured parents can cushion at least part of their loss of earnings with the so-called children’s sickness benefit. This is usually 70 percent of gross earnings, but a maximum of 90 percent of net earnings. To obtain it, the insured must submit the health insurance certificate to their health insurance company.
Up to and including March 19, parents with statutory health insurance can claim child sickness benefit even if the child is not sick but needs to be looked after at home – for example because daycare or school are closed or lessons are canceled.
Those who are privately insured are not entitled to child sickness benefit. However, there are corresponding supplementary insurances that cover and pay for the case when the child is sick.
What other options do parents have when school or daycare is closed?
Workers who do not show any symptoms and do not have to be quarantined themselves are first of all obliged to perform their work. A challenge, especially with small children.
Employment law experts advise checking emergency care options first. Neighbors, friends or siblings could also step in as possible childcare – of course only if they do not belong to one of the risk groups or if there is a clear risk of infection due to a quarantine of the child.
Alternatively, working parents can take short-term vacation or cut overtime. If you have to stay at home longer, you can talk to your employer about unpaid leave.
Can I look after my child even though I work in the home office?
That depends on the circumstances. If the working hours are clearly defined, for example in a shift system, they are not allowed to look after children during this time, even if he or she could work from home. If, on the other hand, the working hours can be divided up flexibly, nothing speaks against taking care of childcare in between. Prerequisite: You work the prescribed working hours at the end of the day – and work the hours you looked after the children, for example in the evening.
My job doesn’t allow you to work from home. Can I still work from home in the event that the school or daycare center closes?
No. In view of the rising corona numbers, employers and employees are called upon to offer and use home offices more. However, there is currently no right to work from home in Germany.
However, Federal Labor Minister Hubertus Heil (SPD) has been planning a corresponding law for some time. This would oblige employers in the future to enable their workforce to work from home – unless operational reasons speak against it.
But there is still no such law. That means: If the employer and employee have not expressly agreed that home office is possible, there is no general right to work from home, not even in the pandemic.
For employees whose job does not allow them to work from home, there is no way of doing their work in the home office anyway. This includes, for example, police officers, but also assembly line workers or nursing staff.
More: Corona test positive: do I have to work if I have no symptoms? What employees need to know now.