Concept and legal classification of family care leave
Die Family care leave is a legal instrument to better reconcile employment and family care responsibilities. Under certain conditions, it enables employees to reduce their working hours for a set period in order to care for close relatives, while maintaining their connection to the workforce. In Germany, family care leave is governed by the Family Care Leave Act (FPfZG) and constitutes a key pillar within the framework of statutory care support. It is to be distinguished from other, similarly designed regulations such as care leave or care support allowance.
Legal basis of family care leave
The primary legal basis is the Act on Family Care Leave (Family Care Leave Act, FPfZG). Supplementary regulations can be found in the Care Leave Act (PflegeZG) and in the German Civil Code (BGB).
Objective and purpose
The aim of family care leave is to give employed persons the opportunity to care for dependent close relatives at home without having to give up their workplace. At the same time, the return to full working hours should be facilitated.
Personal scope of application
In principle, all employees are eligible for family care leave, regardless of the size of the company. However, certain groups are explicitly excluded from the scope of application, such as:
- Persons in marginal employment (mini-jobs)
- Employees in companies with regularly fewer than 15 employees
- Civil servants, judges, and soldiers (special regulations apply to them)
Duration and arrangement
Family care leave can be taken for a maximum of 24 months . The minimum weekly working time during family care leave is 15 hours. The reduction can be arranged flexibly, but does not constitute full exemption from work.
Requirements for claiming family care leave
Care dependency and persons covered
The measure refers to the care of close relatives in a home setting. According to the FPfZG, close relatives include:
- Parents, grandparents
- Spouses, life partners (§ 1 para. 2 Civil Partnership Act)
- Siblings
- Children, grandchildren
- Parents-in-law, sisters- and brothers-in-law
The person to be cared for must, according to the Eleventh Book of the Social Code (SGB XI) be classified as in need of care.
Application process and obligations to provide evidence
The employee must notify the employer of the intention to take family care leave at least eight weeks before the desired start in writing. The application must specify the period, the extent of the reduction in working hours, and information about the care-dependent person and their level of care needed. Upon request, corresponding proof, especially the care fund’s certificate of the care level, must be provided.
Agreement between employee and employer
The reduction and allocation of working hours during family care leave must be agreed upon between the parties. The employer may only reject this request in exceptional cases for operational reasons. Any rejection must be justified.
Legal effects of family care leave
Remuneration and return to full-time work
During family care leave, remuneration decreases in line with the reduction in working hours. There is an option to compensate for the reduced income through a interest-free government loan . After family care leave ends, there is a right to return to the previous working hours.
Protection against dismissal
Special protection against dismissal applies from the time the intention is announced—at the earliest twelve weeks before the start—until the end of family care leave. Termination during this time is generally inadmissible and requires the approval of the competent state authority.
Termination and early return
Family care leave may be terminated early in certain cases, in particular on the death of the person being cared for, but also by mutual agreement between the parties. In all cases, the employer must be informed as early as possible.
Combination with other leave arrangements
Compatibility with care leave and acute care cases
Family care leave can be combined with care leave under the Care Leave Act (PflegeZG) . However, the maximum total duration of care leave and family care leave for the same dependent relative may not exceed 24 months . For short-term, acute cases, the PflegeZG provides for a ten-day, unpaid right to leave.
Overlap with other family-related leave
Family care leave does not exclude other statutory leave options, such as parental leave or leave for end-of-life care. However, the legal requirements and respective deadlines for each leave must be observed.
Financing and government support
Government loan
To offset financial disadvantages, an interest-free loan may be applied for at the Federal Office for Family and Civil Society Tasks. The loan is paid monthly and is based on the difference between the full and reduced salary. Repayment starts after the end of family care leave in installments.
Social security protection
During family care leave, entitlements under the health, care, pension, and unemployment insurance are retained under certain conditions. During periods of care, contributions may be covered by the care fund under specific conditions.
Rights and obligations during family care leave
Obligation to provide information
Employees are obliged to notify without delay any changes relevant to the family care leave, in particular changes in care requirements or premature termination of the measure.
Prohibition of secondary employment
During family care leave, secondary employment may only be undertaken if it is compatible with the purpose of the leave and does not conflict with legitimate operational interests of the employer.
End of family care leave and return to work
After completing family care leave, employees have the right to return to their contractually agreed working hours. The workplace and conditions of employment should correspond to their previous scope unless there are operational reasons to the contrary. In the event of disagreements, resolution can be sought through the labor court system.
Difference from care leave
Unlike family care leave, under the care leave according to the Care Leave Act a complete or partial exemption from work for up to six months is possible, regardless of any minimum working time. Both measures have special features regarding the duration of entitlement, statutory requirements, and financial security.
Importance in practice
Family care leave constitutes an essential element within the range of statutory instruments for improving the reconciliation of work and family care responsibilities in Germany. It helps to relieve informal caregivers, maintains their labor market integration, and legally improves the compatibility of employment and care duties.
Literature and further information
- Family Care Leave Act (FPfZG)
- Care Leave Act (PflegeZG)
- SGB XI – Statutory long-term care insurance
Note: This article provides a general description of family care leave under German law and an overview of the relevant provisions and their practical legal application.
Frequently asked questions
Which legal requirements must be met to claim family care leave?
To claim family care leave under the Family Care Leave Act (FPfZG), certain legal requirements must be met. First, the employment must not be with a small company employing 15 or fewer staff; the decisive factor is the average number of employees in the company, excluding trainees. In addition, a close relative in accordance with § 7 para. 3 FPfZG must be cared for at home, such as parents, parents-in-law, spouses, registered life partners, children, adopted and foster children. The employee must undertake actual care—not just occasional support. Furthermore, an informal application for family care leave must be submitted to the employer observing an eight-week notice period. The duration of family care leave must not exceed 24 months; a minimum of 15 working hours per week on average must be maintained. In principle, family care leave is only available if full exemption from work (as with care leave) is not requested. There is no entitlement if this would constitute an unreasonable operational hardship for the employer, § 2 para. 3 FPfZG.
Which notification obligations and evidence must the employee provide to the employer?
To claim family care leave, the employee is obliged to inform the employer in writing at least eight weeks before its planned start of the start, duration, schedule, and scope of the desired reduction in working hours. In addition, the employee must submit certification from the care fund or the Medical Service of the Health Insurance regarding the care dependency and the extent of care required for the close relative, § 2 para. 2 sentence 2 FPfZG. A written agreement between employee and employer concerning the specific arrangement of family care leave according to § 2a FPfZG is also required. The notification and all evidence must be documented and retained, as the employer may rely upon them if entitlement is disputed.
Can employers reject applications for family care leave, and if so, on what grounds?
As a rule, if all legal requirements are fulfilled, the employer must accept the application. Exception: The employer may only oppose the employee’s claim to family care leave if there are demonstrably urgent operational reasons or unreasonable hardship (§ 2 para. 3 FPfZG). Such reasons may include significant disruption to business operations due to the employee’s absence if reasonable compensation (e.g., through reorganization or replacement staff) is unavailable. The employer must justify any rejection in writing without delay, and at the latest within four weeks of receiving the application. General or unsubstantiated rejection is not permitted and is legally ineffective.
What is the legal regulation on job security during and after family care leave?
During family care leave, special dismissal protection applies according to § 5 FPfZG. From the time of the written notice of intention, but at most twelve weeks before the planned start, until the end of the agreed family care leave, dismissal by the employer is generally inadmissible. Only in exceptional cases—for example, due to serious operational reasons and with the approval of the highest relevant regional authority for occupational health and safety (or an authority appointed by it)—may dismissal be permitted. After the end of family care leave, the employee has the right to return to the previously agreed working hours (or original role), unless different agreements have been made.
What rules apply regarding wage compensation and how is repayment made?
According to the so-called ‘interest-free loan model’ of the Federal Office for Family and Civil Society Tasks (BAFzA), employees continue to receive part of their salary—the so-called top-up amount—during family care leave to cushion the financial impact. Legally, it is stipulated that at least 15 working hours are performed on average per week, with salary paid proportionally. Wage compensation can be provided via the above-mentioned interest-free BAFzA loan, which is granted on application and repaid in installments after the end of family care leave. Detailed conditions regarding the amount, duration, repayment, and possible deferral options are laid down in the Family Care Leave Regulation (FPfZV). The entitlement to remuneration itself, however, arises from the individual employment contract; collectively bargained or company agreements take precedence.
What happens if there is an unforeseen change in the care situation (for example, the death of the relative)?
If, during family care leave, there is an unforeseen change in the care situation—such as the death of the relative, admission of the relative to institutional care, or loss of the need for home care—family care leave ends according to § 2 para. 6 FPfZG four weeks after the change, unless an earlier end is requested. In such cases, the employee must inform the employer of the cessation of requirements without delay. Simplified notification rules apply regarding the return to the previously agreed working hours, and the practical employment relationship must be adjusted in coordination with the employer. After four weeks at the latest, the employee must resume their regular working hours.
