SERVICE PERSONNEL CARE LEAVE REGULATIONS FOR CIVIL SERVANTS
The Care Leave Act does not apply directly to civil servants. Instead, the State Civil Service Act (LBG) in conjunction with the Working Hours and Leave Regulation (AzUVO) applies. Section 74 LBG regulates care leave for civil servants. A distinction is made between short-term absence and care leave.
I. SHORT-TERM ABSENCE FROM WORK
Civil servants may be absent from work for up to ten working days, nine of which may be taken without approval while retaining their salary or trainee allowance, in order to organize appropriate care for a close relative in an unforeseen and suddenly occurring care situation or to provide nursing care. The leave of absence does not necessarily have to be taken consecutively.
The absence and its expected duration must be reported immediately.
Upon request, proof of the reasons for the absence must be provided (Section 74 (1) LBG).
II. CARE LEAVE
If close relatives are cared for at home, civil servants shall be granted leave without pay or trainee pay for up to six months (Section 74 (2) LBG).
Upon request, part-time employment of at least 25 percent of regular working hours may also be granted, provided that there are no official reasons to the contrary.
Upon request, civil servants with official remuneration shall also be granted part-time employment of at least 50% for up to 24 months for the purpose of care or support, with the option of changing shifts at any time (Section 74 (3) LBG).
Civil servants shall be granted unpaid leave upon request or, upon application, part-time employment of at least 25 percent so that they can accompany seriously ill close relatives in the final stages of life, both at home and, for example, in a hospice.
Leave with continued remuneration for the care or nursing of a seriously ill child shall be granted if the child is under the age of twelve or is disabled and dependent on assistance. Leave may only be requested by one parent (Section 74 (4) LBG).
Leave and part-time employment may not exceed a total of 24 months per family member. A change between leave and part-time employment in accordance with Section 74 (2) and (3) LBG shall be permitted upon request (Section 74 (5) LBG).
Section 74 (1), (2), (4), and (5) LBG also apply to trainees in public-law training relationships.
FURTHER INFORMATION
Close relatives are listed in § 7 (3) of the Care Leave Act. These include
- grandparents, parents, parents-in-law, step-parents,
- spouses, life partners, partners in a marriage-like or life-partnership-like relationship, siblings, spouses of siblings and siblings of spouses, life partners of siblings and siblings of life partners,
- children, adopted children or foster children, the children, adopted children or foster children of the spouse or life partner, children-in-law and grandchildren.
NEED FOR CARE
Persons who meet or are expected to meet the requirements of Sections 14 and 15 of SGB XI are considered to be in need of care within the meaning of the Care Leave Act (Section 7 (4) PflegeZG).
In the case of short-term inability to work, it is sufficient to expect that the requirements will be met (Section 7 (4) PflegeZG).