Sick pay in case of illness of the child

Prerequisites

In order to be eligible for sickness benefit and sick leave for your child, all of the following must be met:

• Medical professionals certify the need for supervision, care or nursing of the sick child,
• another person living in the household cannot do this and
• the child has not yet reached the age of twelve
• A doctor's certificate must confirm the need to care for the child. For those with statutory health insurance, there is template 21 from medical professionals: "Medical certificate for receiving sickness benefit in the event of a child's illness"
• no other person living in the household can take over the care (also employed or ill themselves)
• the child has not yet reached the age of 12 or is disabled
• the child is insured with a statutory health insurance company
• an application must be submitted for payment by the health insurance company
• You are employed and are entitled to sick pay yourself.
• All insured persons in statutory health insurance are entitled to child sickness benefit. If both spouses are privately insured, there is no entitlement to child sickness benefits according to Section 45 of the Fifth Book of the Social Code (SGB V).
• If one spouse is privately insured and the other spouse is legally insured, it is crucial that the child has statutory health insurance. In the event that the children are assigned to the spouse who is privately insured, the children do not fall under the scope, since its provisions are only binding for those with statutory insurance. This applies regardless of whether the other spouse is still legally insured because their children do not have family insurance.
• If both parents are legally insured, but with different health insurance companies, the health insurance company pays the caregiver's sickness benefit, regardless of where the child is insured.
  

Documents required

• medical certificate

Please note

In addition, a parent is entitled to sick pay, not subject to the above time limit, when caring for and caring for a serious and terminal illness of their child.

The entitlement exists if your child is disabled and dependent on help and, according to a medical certificate, suffers from an illness,

• which is progressive and has already reached a very advanced stage,
• in which a cure is impossible and palliative medical treatment is necessary or desired by a parent and only a limited life expectancy of weeks or a few months can be expected.

A notice:

Sickness benefit in the event of a child's illness is a compensation benefit from statutory health insurance in Germany. An overview of the health insurance companies can be found on the website of the National Association of Statutory Health Insurance Funds (see the "Links" section).

Procedure

• After the medical certificate has been issued, please submit a written application for sickness benefit payment to your health insurance company. The easiest way is to go to your health insurance company with the medical certificate and fill out the application during a consultation.
• Please submit a written application for exemption with the medical certificate to the health insurance company and your place of employment.

It is important that the health insurance company recognizes your entitlement to benefits before you want to assert your right to leave. Because if the requirements for an entitlement to time off are not met, your employing company has the right to offset the time off already granted from work against a later entitlement to time off to supervise, look after or care for your sick child.

Therefore, please first go to your health insurance company to clarify your entitlement to benefits before submitting a leave of absence to your employment office.

Fees

No

Legal remedies

• contradiction


• suit

Legal basis

Section 45 of the Fifth Book of the Social Code (SGB V) - sickness benefit if the child falls ill


http://www.gesetze-im-internet.de/sgb_5/index.html