Longer entitlement to child sickness benefit

Sick child

updated on 04/20/2021

On January 14th and January 18th, the Bundestag and Bundesrat cleared the way for the expansion and doubling of the childhood illness days for working parents in the Corona crisis. Before that, the federal cabinet had one Bill formulated, with which the entitlement to child sickness benefit is to be doubled in 2021. Parents with statutory health insurance can now receive 20 days of child sickness benefit per child and parent instead of the previous 10 days, with several children even 45 days in total.

What is new is that if childcare fails, the entitlement now also applies to healthy children. In addition, parents can also apply for child sickness benefit if they could work from home.

After being signed by Federal President Frank-Walter Steinmeier, the new regulation is to come into force retrospectively from January 5, 2021.

Schooling the children and working from home at the same time often pushes young families to the limit of their capacity in times of pandemics. That is why we want to enable these parents to look after their children at home easily and without financial losses. For this, the entitlement to child sickness benefit will be extended. And it should also be paid out if schools and day-care centers are closed to protect against infection.

Federal Health Minister Jens Spahn

Am I entitled to child sickness benefit?

All legally insured, working parents who are entitled to sickness benefit themselves and whose child is legally insured can claim child sickness benefit. The prerequisite is that no other person can look after the child.

Do I have to prove the claim?

If your child is ill, you must provide the health insurance company with proof of the need for care with a medical certificate. To do this, fill in the "Medical certificate for the receipt of sick pay in the event of a child's illness". If your child is cared for at home due to a school or daycare closure, proof is provided by a certificate from the respective institution.

Can I use the entire entitlement for school or daycare closings?

Yes. You can use the 20 or 40 days to care for your sick child as well as for care when the school or daycare center is closed.

Does the school or day care center have to be completely closed?

No, even if the compulsory attendance at school has been lifted, access to the day care center is restricted or only the class or group in question cannot go to school or day care center, parents are entitled to child sickness benefit.

How much is the child sickness benefit amount?

The amount of child sickness benefit is usually 90 percent of the lost net wages.

Does the entitlement exist in addition to the entitlement to wage replacement benefits according to §56 of the Infection Protection Act?

No, if one parent claims child sickness benefit, the claim for both parents is suspended during this period Section 56 of the Infection Protection Act.

You can find more answers, for example here on the website of the Federal Ministry for Family, Seniors, Women and Youth.

We are also happy to provide advice. Contact us.

Update 04/20/2021

The Federal government has decided to further extend the entitlement to child sickness benefit. In 2021, it will increase from 20 days per parent and child to 30 days, and thus to 60 days per child for parents. For single parents, too, the entitlement per child doubles from 30 to now 60 days. All other requirements remain in place.

Kathrin Roller

Kathrin Roller

Lawyer for labor law in Leipzig

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