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
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
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
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
April 2015 saw the reshaping of family-friendly leave with the birth of Shared Parental Leave (SPL). Can employers offer enhanced contractual pay to mothers/primary adopters but not to fathers/partners?
In an eagerly awaited decision, the Court of Appeal ruled earlier today that creditors cannot access a bankrupt's pension benefits which have not come in payment.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).