Time off work/spe­cial leave to care for a sick child

If you need to look after your sick child, you are entitled to time off work. Whether you can take this time off with or without pay depends on a number of conditions.

In all cases, a doctor must certify that looking after the child is necessary. A visit to the doctor is therefore essential to be entitled to special leave or time off work. If there is no medical certificate, you will have to use your annual leave or take time off in lieu under the flexitime scheme.

Furthermore, the leave arrangements only apply to children up to the age of 12. For civil servants, however, time off work in the event of a child’s illness may also be granted beyond this age if the child has a disability and is dependent on assistance.

If these basic requirements are met, the following entitlements to special leave or time off work apply:

For employees covered by collective agreements:For civil servants:

If the child and the parent providing care are covered by statutory health insurance, Section 45 of the Social Code (SGB) provides for an entitlement to 15 days’ unpaid special leave per year per child (up to a maximum of 35 days per year for multiple children).

The health insurance fund pays the child sickness benefit (70 per cent of gross pay, up to 90 per cent of net pay). Single parents are entitled to twice the duration of this leave.

If the carer’s annual salary (excluding family allowance and expense allowances) exceeds the annual income threshold, they are entitled, under Section 33 of the Special Leave Regulation (FrUrlV), to 4 days’ paid special leave per year per child.

The annual income threshold is revised each year; for 2024, it has been set at 69,300 euros.

If the child and/or the parent providing care are privately insured, there is an entitlement to four days’ paid special leave under Section 29 of the TV-L.

If the parent’s annual remuneration, as mentioned above, is below the annual earnings threshold, they are entitled to 15 days’ paid special leave per child per year (up to a maximum of 35 days per year if they have more than one child).

Notes on the application procedure:

1. You can submit your application for special leave via ATOSS. If this is not possible, please use the leave application form designated for your status group. Please tick the box marked ‘Time off work/special leave’ on this form. For paper applications, please submit your application through official channels, i.e. via your line manager and the dean's office/department head to the Human Resources department.

2. It would be helpful if you could also provide us with an additional (informal) note stating whether you are a staff member on a collective agreement or a civil servant.

3. Please enclose the medical certificate confirming that you need to care for your sick child with your application (for paper applications, please enclose a copy ( !).
If you are submitting your application via ATOSS, you can also send the certificate later by email. Please ensure you use the email address designated for sick leave notifications.

The original certificate constitutes a quorum to apply for child sickness benefit from your statutory health insurance fund in the event of unpaid special leave or time off work.

4. If applicable, please indicate that you are a single parent.

5. If you are a civil servant, please enclose a completed‘Declaration of Annual Gross Income’with your first application of the calendar year.