If a child is sick, one parent may stay away from work for a maximum of three days – with full pay.
Author: Gabriela Baumgartner
The legal situation briefly explained:
If a child is sick, one parent is allowed to stay away from work to care for the child with full pay. This claim is mandatory and may not be excluded in an employment contract.
According to the law, leave to care for a sick child lasts a maximum of three days per event. However, many collective employment contracts provide for five days of childcare leave.
If the child is sick for a longer period of time, the parents can take turns and move in for three days one after the other. If that isn’t enough, they have to take vacation days or organize another care solution.
If a child has a serious health problem, working parents have been able to claim a maximum of 14 weeks of vacation since 2021. In this case, instead of their wages, they receive daily allowances from the income compensation scheme (EO), 80 percent of the insured earnings.
In all cases, the law requires parents to provide a doctor’s certificate confirming that their child is ill. The child’s treating doctor must issue this certificate to the parents’ employer. As with all medical certificates, it must not contain any information about the diagnosis.
People who care for a family member, relative or life partner are also entitled to days off. They can also stay away from work for three days if the person’s health requires it. However, vacation is limited to a maximum of ten days per year of service.
All of these rules apply to employees under private law. Different rules may apply to employees who are employed according to the rules of public law (e.g. administrative employees).
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