Can parents overwrite child sick leave?

In times of the corona pandemic, working parents can’t feel like they have enough children’s sick days. If there are two of you, you can at least take turns. And can the days also be transferred?

The high number of infections is currently presenting many parents with challenges again. Especially when they have to look after their job and their offspring at the same time – for example because the day care center has to close or the children have to be in quarantine as contact persons.

The so-called children’s sick days should help.

If parents have to look after their child at home, they can apply for reimbursement of 90 percent of the lost net wages from the health insurance company for these days. But what if one parent has already exhausted their entitlement? Can the partner transfer open days?

There is no legal entitlement to this, says Johannes Schipp, specialist lawyer for labor law in Gütersloh. However, a flexible transfer between the parents is possible on a voluntary basis. According to Schipp, however, the employer of the parent who has already exhausted the children’s sick days must agree to the transfer.


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According to the Federal Ministry for Family Affairs, parents with statutory health insurance can apply for child sickness benefit on 30 working days in 2022.

The prerequisite is that the child is also legally insured and not older than 12 years old. If there are several children, each parent is entitled to no more than 65 working days, for single parents no more than 130 working days.

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