If the child is ill: Can I stay away from work?

If a child falls ill, childcare is often unavoidable – especially for younger children. In these cases, employees are allowed to stay away from work to care for their child.

The legal basis is § 45 SGB V. This provision regulates the entitlement to child sickness benefit and the associated leave of absence from work. However, the prerequisite is that a doctor confirms the illness and that no other person living in the household can take over the care.

It is also important to inform the employer immediately – ideally on the first day of illness.

Who pays the salary during this time?

One of the biggest concerns for many parents is financial security. After all, absence from work often means a loss of earnings. The law distinguishes between two possible cases.

In a few constellations, there is an entitlement to continued payment of wages by the employer. This arises from Section 616 of the German Civil Code (BGB), which provides for short-term paid leave. However, this provision is excluded in many employment contracts or is very limited in time, so that it often does not play a major role in practice.

The so-called child sickness benefit is therefore much more relevant. This is a benefit provided by the statutory health insurance funds. It is paid if parents are unable to work due to caring for their sick child. As a rule, child sickness benefit amounts to around 90 percent of the lost net salary. In certain cases, it can even be up to 100 percent, for example if one-off payments such as vacation or Christmas bonuses were previously paid.

This ensures that parents keep at least a large part of their income and can concentrate on looking after their child.

How many days can parents stay at home?

Entitlement to child sick pay is limited in time. The following generally applies for 2026: each parent can claim up to 15 working days per child per year. If several children live in the household, the total entitlement is capped – generally at a maximum of 35 days per parent.

More generous rules apply to single parents, as the child’s illness is a particularly great challenge for them. Unlike couples, there is no option to share the care. They are entitled to 30 days per child per year, up to a total of 70 days. This regulation takes account of the particular burden, as single parents cannot share care with another person.

What requirements must be met?

In order to be entitled to child sickness benefit, a number of conditions must be met. Firstly, the child must have statutory health insurance and generally be under 12 years old. Older children may be entitled if they are disabled and dependent on assistance.

In addition, a doctor must certify the illness. This certificate serves as proof for both the employer and the health insurance company. In addition, no other person in the household may be available to take over the care.

Another important point is to notify your employer in good time. If you report it too late, you risk consequences under employment law – such as a warning.

What role does the employer play?

Even if the employer is not always obliged to continue paying wages, they still have an important role to play. Their so-called duty of care obliges them to consider the interests of their employees.

In concrete terms, this means that if the legal requirements are met, the employer may not refuse to grant leave. The employer must accept that the employee is unable to work due to the family situation.

Parents are often under great pressure to balance work and family life when their child is ill. However, employment and social security law creates a clear framework here and offers important protection. If you know your rights and communicate them at an early stage, you can deal with the situation in a much more relaxed manner and concentrate on what’s important: your child’s health.

You can find out more about your rights in relation to illness in the employment relationship in our article Handling illness in the employment relationship correctly.