Home and Institutional Care Act

The Home and Institutional Care Act, which took effect July 1, 2008, enables employees to take limited time off to care for dependants. Two different types of leave from work are possible.

Short-Term Inability to Work

Employees can take leave in order to organize care for a dependant in need in an acute situation or to ensure care during this time.

Duration of Inability to Work

The short-term duration of an employee's inability to work may last up to ten days.

Employees must promptly inform their employers of the prospective duration of their inability to work.

Continued Pay

Employees do not received continued pay for the duration of their short-term inability to work.

Employees must submit a doctor's confirmation, that attests to the dependant's need of care as well as the necessity of measures to ensure care.

Period of Care

Employees can request partial or full time off from work in order to care for a dependant. A prerequisite for leave in the case of care is that the employees wishes to care for a dependent in their home.

The need for care must be documented through confirmation by nursing care or the medical services of the health insurance company.

The work time can be reduced or suspended for a maximum of six months.

Regulations on Continued Pay

Employees do not receive continued pay if they take suspended time off from work. Individuals with reduced work hours receive pay for the remaining work time.

Timely Notification

If employees wish to take off time for care, they must notify their employer. When doing so they must explain for how long and to what extent they wish to take leave. The notification must be submitted in written form and given to the employer no later than ten days before the desired start of leave.

A pre-mature end to the care period is only possible upon agreement of the employer.

Compulsory Insurance

Employees who suspend their work are not obligated to be state-insured during the period of care. This means: the employer de-registers the insurance. Employees are then either insured by the health or long-term insurance via family insurance or must voluntarily insure themselves due to the general obligation to be insured.  You can receive benefits for health or nursing insurance from long-term insurance.

Caretakers are, as long as they work more than 14 hours a week, also obligated to be pension insured. The long-term insurance of the individual needing care pays the benefits. Individuals, who provide care, are also required to have unemployment insurance, independent of the number of hours providing care. The benefits are assumed by the long-term insurance.

Dismissal Protection

Employers are fundamentally not allowed to fire employees during the period of care.