What is urgent care
(1) Employees are to be released from work in full or in part if they care for a close relative in need of care in their home environment (care leave). The claim according to sentence 1 does not exist against employers with 15 or fewer employees.
(2) The employees must prove the need for care of the close relative by submitting a certificate from the long-term care insurance fund or the medical service of the health insurance company. Corresponding evidence must be provided for those in need of care who are insured under compulsory private long-term care insurance.
(3) Anyone wishing to take care leave must notify the employer in writing no later than ten working days before the start and at the same time explain for what period and to what extent the leave from work is to be used. If only partial exemption is used, the desired distribution of working hours must also be indicated. If the announcement does not contain a clear stipulation as to whether the employee wants to take care leave or family care leave in accordance with Section 2 of the Family Care Leave Act, and if the prerequisites for both entitlements to leave are met, the declaration is deemed to be an announcement of care leave. If the employee claims family care leave after the care leave or a time off according to Section 2 (5) of the Family Care Leave Act to care for the same dependent relatives, the family care leave or the leave according to Section 2 (5) of the Family Care Leave Act must immediately follow the care leave. In this case, the employee should declare as early as possible whether he or she will take family care leave or a leave of absence in accordance with Section 2 (5) of the Family Care Leave Act; Notwithstanding Section 2a Paragraph 1 Clause 1 of the Family Care Leave Act, the notification must be made no later than three months before the start of the family care leave. If care leave is taken after a family care leave or a leave of absence according to Section 2 (5) of the Family Care Leave Act, the care leave is to be taken immediately after the family care leave or the leave according to Section 2 (5) of the Family Care Leave Act and, in deviation from sentence 1, to the employer at the latest eight weeks to be announced in writing before the start of the care period.
(4) If only partial exemption is used, the employer and employees must make a written agreement on the reduction and distribution of working hours. In doing so, the employer has to comply with the wishes of the employees, unless there are urgent operational reasons to the contrary.
(5) Employees are to be released from work in full or in part if they look after a close relative in need of care at home or outside the home. The use of this exemption is possible at any time alternating with the exemption according to paragraph 1 within the framework of the total duration according to § 4 paragraph 1 sentence 4. Paragraph 1 sentence 2 and paragraphs 2 to 4 apply accordingly. Employees can choose to exercise this right instead of the right to care leave under paragraph 1.
(6) Employees are to be fully or partially released from work to accompany a close relative if the latter suffers from a disease that is progressive and has already reached a far advanced stage at which healing is impossible and palliative medical treatment is necessary and which only a limited life expectancy of weeks or a few months can be expected. Employees have to prove this to the employer by means of a medical certificate. Paragraph 1 sentence 2, paragraph 3 sentences 1 and 2 and paragraph 4 apply accordingly. Section 45 of the fifth book of the Social Security Code remains unaffected.
(7) Entitlement to funding is based on §§ 3, 4, 5, paragraph 1, sentence 1 and paragraph 2 as well as §§ 6 to 10 of the Family Care Leave Act.
(+++ For application see § 9 F. 2020-05-19 +++)
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