Rules Regarding Filial and Care Leave
What is needed for me to take care leave in order to care for a close relative or friend who suffers from a serious illness, or filial leave to care for someone who is terminally ill? And am I entitled to receive salary during filial or care leave? Learn about the conditions and possibilities for filial and care leave.
You can apply for leave from work to look after or care for a close relative or friend who suffers from a terminal or serious illness. Both family members and friends can apply for leave - the decisive factor is that you have a personal relationship with the person in question.
You are entitled to paid leave if you:
- Are employed by the municipality under section 118 of the Social Services Act to look after a close relative or friend with a permanent physical or mental disability or serious chronic or long-term condition, or
- are granted a carer's allowance under section 119 of the Social Services Act to look after a close relative or friend who is terminally ill and wishes to die in his or her own home.
Your period of leave during your period of employment will count in both situations. You will accrue holiday and pay pension contributions of your normal salary.
Check the local agreement
Your company may have concluded a local agreement regarding the options for looking after close relatives or friends who are disabled or critically, seriously or terminally ill. A local agreement may place you in an even better position than the conditions provided by the collective agreement.
Care leave for serious illness
You can take leave from work to care for a close relative or friend who suffers from a serious illness for a period of up to six months. The arrangement may be extended by an additional three months where special circumstances so warrant. The care leave may be divided into several periods down to a period of one month in order that several carers can take care of the patient.
You must meet a number of conditions in order to obtain care leave:
- The close relative or friend must live in his or her own home.
- The alternative to care at home must be full-time residential accommodation away from home, or the amount of care needed must correspond to a full-time job.
- Both parties must agree on establishing the care arrangement.
- There should be no fundamental considerations that speak against you looking after the close relative or friend.
If the conditions are met, you will be employed by the municipality in which your close relative or friend lives. The municipality will prepare an employment agreement and pay you a salary. The salary you receive from the municipality will be a fixed, monthly amount - your employer will pay the difference up to your normal salary according to the collective agreement.
Filial leave for a person who is terminally ill
If you would like to care of a close relative or friend who wishes to die in his or her own home, you may be granted carer's allowance by the municipality where the terminally ill person lives. You may apply for filial leave, irrespective of whether the person who is terminally ill is friend or family - the decisive factor is that you have a personal relationship with the person in question. You should also be aware that it is possible for the carer's allowance to be shared by several carers.
You can apply for filial leave if:
- A doctor has assessed that the person who is terminally ill does not have long to live and that continued treatment can only alleviate his or her suffering.
- The person who is terminally ill is dependent on care.
- You agree on establishing a care and supervision arrangement.
- You are able to take care of the person who is terminally ill in your own home or his or her home.
The collective agreement gives you the right to receive full salary during filial leave, and your employer has the right to be reimbursed by the municipality for the carer's allowance you would otherwise receive.
When the person you are taking care of dies, you will retain the right to be paid the carer's allowance for up to 14 days after the death of the patient.
Are you registered correctly?
The best way we can help is if we have the correct information about you. This is of importance to your professional, legal and economic rights. So please ensure that you always change your information if changes occur in your work life.
You can correct your information at Mit forbund.
Contact Legal Department32 66 13 30
Call us Monday-Thursday 8.30 - 16.00 or Friday 8.30 - 15.00
You can also write an email to firstname.lastname@example.org