When their child gets sick, many working parents are faced with important questions: Can I stay home? Am I entitled to my regular pay or sick child benefits? And what rules apply to single parents? Balancing the duty of care with work can quickly lead to uncertainty—both legally and logistically.
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 Section 45 of SGB V. This provision governs the entitlement to sick pay for children as well as the associated leave from work. However, this is subject to the condition that a doctor confirms the illness and that no other person living in the household is able to provide 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 specific circumstances, an employee is entitled to continued payment of wages by the employer. This entitlement is based on Section 616 of the German Civil Code (BGB), which provides for short-term paid leave. However, this provision is often excluded in many employment contracts or is subject to strict time limits, so it rarely plays a significant 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 are parents allowed to stay 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.
These figures clearly show that the law seeks to take both families and the realities of working life into account in an appropriate manner.
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.
Concluding remarks
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.
Can I stay home if my child is sick?
Yes. Parents may take time off work to care for a sick child if no one else can provide care and the child needs to be cared for.
Who pays during this time?
A right to paid leave may arise under Section 616 of the German Civil Code (BGB), provided that it is not excluded in the employment contract or collective bargaining agreement. Otherwise, the statutory health insurance provider pays child sickness benefits under the conditions set forth in Section 45 of Book V of the Social Code (SGB V).
How many sick days are there for children?
People with statutory health insurance are entitled to a certain number of sick days per child per parent each year; for single parents, the number is doubled. One of the requirements is that the child must not yet have reached the age of twelve.
Time off work, sick pay for children, and continued pay: When a child is sick, many questions regarding employment law arise. We can advise you on your rights—learn more on our page about employment law.
