On 1 January 2012 the new German Family Care Leave Act [Familienpflegezeitgesetz, FPfZG] enters into force.
In future, it should be possible under easier conditions for employees to reduce their weekly working hours to a maximum of 15 hours for a period of up to 24 months in order to care for close relatives. As opposed to "classic" part-time employment where the remuneration is also reduced accordingly, the FPfZG enables this to be conducted through a system of a long-term credit balance of working hours and a contribution towards the remuneration. In addition to receiving the part-time employment salary, the employee also receives an additional sum financed by the Federal Office for Families [Bundesamt für Familien].
The reduced working hours can subsequently be made up for through work or financial compensation at the end of the family care leave (post-care phase), insofar as the employee was not already able to save up working hours before taking the family care leave.
During the family care leave and post-care phase special protection against dismissal exists, i.e. termination is only possible with the consent of an authority.
The employee does not have an enforceable claim to family care leave. Hence, this already requires an agreement between the parties to employment contract. It therewith lies in the hands of the employer to decide whether or not it wishes to incur the increased administrative outlay associated with the family care leave.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
