Law on the family care period (Family Care Time Act-FPfZG)

Unofficial table of contents

FPfZG

Date of completion: 06.12.2011

Full quote:

" Family Care Time Act of 6 December 2011 (BGBl. I p. 2564), as defined by Article 1 of the Law of 23 December 2014 (BGBl. I p. 2462).

Status:

Amended by Art. 1 G v. 23.12.2014 I 2462

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2012 + + +) 

  

The G was decided by the Bundestag as Article 1 G v. 6.12.2011 I 2564. It's gem. Art. 4 of this G entered into force on 1 January 2012. Unofficial table of contents

§ 1 Objective of the Act

The introduction of the family care period will improve the possibilities for reconciling work and family care. Unofficial table of contents

§ 2 Family care period

(1) Employees must be partially exempted from work for a maximum period of 24 months (maximum period) if they care for close relatives in need of care in a home environment (family care period). During the family care period, the reduced working time must be at least 15 hours per week. In the case of different weekly working hours or a different distribution of the weekly working time, the weekly working time may not be less than 15 hours on average over a period of up to one year. (minimum working time). The entitlement to the first sentence does not consist of employers with, as a rule, 25 or fewer employees who are employed exclusively for the purposes of their vocational training. (2) Time of care and family care must be taken together 24 months per person in need of care. (3) § § 5 to 8 of the nursing-time act apply accordingly. (4) The family care period is not counted during periods of vocational training. (5) Employees are from the work performance for the maximum of 24 hours. Months (maximum period) in part if they are an underage care for close relatives in need of care in a home or out-of-home environment. The use of this exemption shall be possible at any time in exchange with the exemption provided for in paragraph 1 within the overall period referred to in paragraph 2. The second sentence of paragraph 1 to 4 and paragraphs 2 to 4 shall apply accordingly. Employees may choose to claim this claim instead of entitlement to the family care period referred to in paragraph 1. Unofficial table of contents

§ 2a Use of the family care period

(1) If you wish to claim family care in accordance with § 2, this must be announced in writing to the employer at the latest eight weeks before the desired start, and at the same time explain the period for which and to what extent within the total period after § 2 (2) the exemption from the work service is to be taken into account. The desired distribution of working time shall also be indicated. If the announcement does not contain a clear determination as to whether the employee wishes to take up a period of nursing care in accordance with § 3 of the nursing-time act or family care period, and if the conditions of both exemption claims are fulfilled, the Declaration as an announcement of care time. If the family care period is taken into account after an exemption pursuant to § 3 (1) or (5) of the nursing-time law for the care or care of the same dependants in need of care, the family care period must immediately apply to the family care period. Adjoin the exemption pursuant to § 3 (1) or (5) of the Care-Time Act. In this case, the employee should explain as early as possible whether she or she will be entitled to a family care period; by way of derogation from the first sentence, the announcement must be made no later than three months before the start of the family care period. If an exemption pursuant to § 3 (1) or (5) of the nursing-time law is taken after a family care period, the exemption pursuant to § 3 (1) or (5) of the nursing-time law shall be directly connected to the to claim family care and to announce in writing to the employer not later than eight weeks before the start of the exemption pursuant to § 3 (1) or (5) of the Care-Time Act. (2) Employers and employees have to do so by reducing and Distribution of working time a written agreement to be reached. In this case, the employer must comply with the wishes of the employees, unless there are urgent operational reasons. (3) Family care period for a shorter period of time can be taken up to the total duration of the period in accordance with § 2 (2) is extended if the employer agrees. An extension up to the total duration may be required if an envisaged change in the person's or the carer cannot take place for an important reason. (4) The employees have the care needs of the or the close Proof of family members by submitting a certificate from the care insurance fund or the medical service of the health insurance. For those in need of care in the private care compulsory insurance, a corresponding proof must be provided. (5) If the close relatives are no longer in need of care or the home care of the close relatives is impossible. or unreasonable, the family care period ends four weeks after the change in circumstances. The employer shall be informed immediately of this. In addition, the family care period can only be terminated prematurely if the employer agrees. (6) Paragraphs 1 to 5 apply accordingly to the exemption from the work performance in accordance with § 2 (5). Unofficial table of contents

§ 3 Promotion of maintenance-related exemption from work performance

(1) For the duration of the exemption pursuant to § 2 of this Act or in accordance with § 3 of the nursing-time law, the Federal Office for Family and Civil Society tasks shall grant employees an interest-free loan in monthly installments on request in accordance with the provisions of paragraphs 2 to 5. The claim shall also apply to all agreements on exemptions from the work performance which are subject to the conditions of § 2 (1) sentence 1 to 3 of this Act or § 3 (1) sentence 1, paragraph 5 sentence 1 or paragraph 6 sentence 1 of the nursing-time law (2) The monthly loan rates shall be granted in the amount of half the difference between the flat-rate monthly net charges before and during the exemption referred to in paragraph 1. (3) The flat-rate monthly net charge before the The exemption provided for in paragraph 1 shall be subject to the provisions of the Regulation in force in the relevant calendar year on: flat-rate net charges applicable to the short-time allowance, based on the regular average monthly gross remuneration, which is rounded to the next 20 dividable euro amount, excluding the remuneration of the last twelve calendar months before the start of the exemption. The lump-sum monthly net fee during the exemption is based on the regulation on the flat-rate net charges applicable to the short-time allowance in force in the relevant calendar year, based on the sum of the monthly net fees for the short-time allowance. 20 divisible euro amount rounded product from the agreed average monthly hourly rate during the exemption and the average salary per hour of work. Average remuneration per hour of work is the ratio of the regular total gross remuneration to be paid exclusively to the last twelve calendar months before the start of the exemption to the total number of hours of work contractual hours of the total number of hours of work. last twelve calendar months before the start of the exemption. In the case of an employment relationship existing less than 12 months before the start of the exemption, the period to be calculated on the basis of the calculation shall be reduced accordingly. For the calculation of the average salary per hour of work, maternity leave periods, short-term work-prevention measures in accordance with § 2 of the nursing-time law and exemptions according to § 3 of the nursing-time law as well as the introduction of remuneration for work remain (4) In the cases of the exemption under Section 3 of the nursing care law, the monthly loan rate is limited to the amount of the amount that is available in the case of an exemption from the value of the payment. Average working time during the family care period of 15 (5) By way of derogation from paragraph 2, employees may also benefit from a lower amount of the loan, the monthly loan rate being at least EUR 50. (6) The loan shall be included in the The amount of benefits referred to in paragraph 4, in the cases of the period of care referred to in paragraph 4, should be taken as a priority before the receipt of social benefits depending on the needs of the person concerned and shall be requested by the employees; paragraph 5 shall not apply to this extent. In the calculation of social benefits in accordance with the first sentence, the inflows from the loan shall be taken into account as income. Unofficial table of contents

§ 4 Co-operative obligation of the employer

The employer has to certify to the Federal Office for Family and Civil Society tasks for employees the amount of work and the remuneration before the exemption pursuant to Article 3 (1), insofar as this is proof of the income Employment or the weekly working time of the employees applying for support is required. For the employees working at home and the persons who are equal to them, the employer of the adjudicating entity or the intermediate master shall be replaced by the employer. Unofficial table of contents

§ 5 End of eligibility

(1) The eligibility shall end with the end of the exemption in accordance with § 3 (1). Eligibility ends even if the employees or employees during the exemption pursuant to § 2 the minimum amount of weekly working time due to statutory or collective contractual provisions or on the basis of provisions adopted in the The churches are subject to labour law regulations. The underwriting of the minimum working time due to short work or an employment ban is without prejudice to eligibility. (2) The borrower or the borrower has the Federal Office for Family and Civil Society tasks To inform without delay any change in the conditions which are significant for the claim in accordance with § 3 (1), in particular the termination of the home care of the close family, the termination of the care provided for in § 2 paragraph 5 of this Law or § 3 (5) of the Care-Time Act, the termination of the exemption in accordance with Article 3 (6) of the nursing-time act, the early termination of the exemption pursuant to § 3 (1) and the underwriting of the minimum amount of weekly working time during the exemption pursuant to § 2 of the second sentence of paragraph 1 of the second sentence of paragraph 1 shall be given. Unofficial table of contents

§ 6 Repayment of the loan

(1) Following the exemption pursuant to Section 3 (1), the borrower or borrower is obliged to repay the loan within 48 months from the beginning of the exemption pursuant to § 3 (1). The repayment shall be made in monthly installment as constant as possible in the amount of the monthly amount fixed in the communication according to § 9 at the latest by the last bank working day of the current month. All loan amounts paid to the borrower or borrower pursuant to § 3 shall be deemed to be a loan for the repayment. (2) The repayment shall begin in the month following the end of the grant of the exemption in accordance with Section 3 (1). At the request of the borrower or the borrower, the Federal Office for Family and Civil Society tasks may, at the request of the borrower or the borrower, start the repayment at a later date, but at the latest on the 25. The following month after the beginning of the grant, if the remaining conditions for the claim under § § 2 and 3 continue to exist. If, during the repayment period, the borrower or borrower is in an exemption pursuant to Section 3 (1), the Federal Office of Family and Civil Society shall, at the request of the employee or the employee, apply the monthly repayment rates up to the termination of the exemption from the work performance. The repayment period shall be extended by the period of suspension. Unofficial table of contents

§ 7 Hardship Regulation

(1) In order to avoid any special hardship, the Federal Office of Family and Civil Society duties of the borrower or the borrower on request shall be subject to the repayment of the loan without interest being incurred for this purpose. Special hardship are in particular the receipt of compensation for compensation in accordance with the third and fifth books of the Social Code, benefits for the maintenance of the livelihood according to the Second Book of the Social Code and services after the third and third parties. Fourth chapter of the Twelfth Book of Social Code or a more than 180 days uninterrupted work incapacity. There is also a particular hardship if the borrower or borrower is temporarily in serious payment difficulties due to undue financial burdens, or if it is to be expected that the borrower or borrower will be able to pay due to the Repayment of the loan in the intended form in such difficulties. (2) For the period exceeding the total duration of the exemptions according to § 2 of this Act or pursuant to § 3 (1) or 5 of the nursing-time law, in which the the care needs of the same close family, the care provided by the In the case of employees in the domestic environment, and the exemption from the work performance is continued, the repayment rates due are to be issued at the request of one quarter (partial loan period) and the remaining loan debt for this Period up to the end of home care on request for hours without interest being incurred, provided that there is a special hardship within the meaning of the third sentence of paragraph 1. (3) The loan debt shall lapse if it is not yet due, if the Borrower or borrower

1.

Benefits under the Third and Fourth Chapters of the Twelfth Book of the Social Code or benefits for the maintenance of the subsistent life in accordance with the Second Book of the Social Code, uninterrupted for at least two years after the end of the exemption or

2.

died.

(4) The conclusion of comparisons as well as the stunding, defeating and the adoption of claims shall be governed by the provisions of § § 58 and 59 of the Federal Budget Code, unless different regulations are made in this law. Unofficial table of contents

Section 8 Application for funding

(1) The Federal Office of Family and Civil Society shall decide upon the written application of the loan in accordance with § 3 and its repayment in accordance with § 6. (2) The application shall act on the date of the submission of the eligibility requirements if he/she within three months of the date of submission of the application, otherwise the application shall have effect from the beginning of the month of application. (3) The application must contain:

1.

the name and address of the person or persons applying for the loan;

2.

the name, address and the relative status of the person being kept,

3.

certificate of the need for care or, in the case of § 3 (6) of the nursing-time act, the medical certificate referred to in that document concerning the illness of the close-up or close relatives,

4.

the duration of the exemption pursuant to § 3 (1) and the notification of whether an exemption pursuant to § 3 (1) has been used before; and

5.

The amount, duration and indication of the time periods of the loan requested.

(4) The application shall be accompanied by:

1.

Certificates of compensation specifying the weekly working hours of the last twelve months before the start of the exemption pursuant to § 3 (1),

2.

in the case of a complete exemption pursuant to § 3 of the nursing-time act, a certificate issued by the employer concerning the exemption and, in the cases of partial exemption, the written agreement reached between the employer and the employer and the person or employees.

Unofficial table of contents

Section 9 Loan and payment methods

(1) In the communication according to § 8 paragraph 1 are to be stated:

1.

the level of the loan;

2.

the amount of the monthly loan rates and the duration of the loan instalments,

3.

The amount and duration of the repayment rates and

4.

Maturity of the first repayment rate.

If a loan has been granted to the applicant in respect of an exemption under section 3 (1) before the application, the amount of the loan under the first sentence of 1 (3) and (4) shall be treated as a loan and the current loan shall be treated as a loan. The first loan in accordance with the first sentence shall be changed in respect of the amount, duration and maturity of the repayment rates. (2) The amount of the loan instalments shall be fixed at the beginning of the payment in monthly fixed amounts for the whole of the (3) The loan instalments shall be disbursed at the beginning of each calendar month in which the eligibility conditions are met. Monthly support amounts that do not result in full euros are to be rounded up to 0.49 euros for remaining amounts and to be rounded up by 0.50 euros. Unofficial table of contents

§ 10 Application and evidence in other cases

(1) The Federal Office for Family and Civil Society tasks also decides in the cases of § 7 on written request, which must contain the name and address of the borrower or the borrower. (2) The requirements of § 7 are Proof

1.

in the cases referred to in paragraph 1, by the credibility of the conditions laid down in that paragraph, in particular by the presentation of personal economic conditions or in the event of incapacity for work, by the submission of a certificate of incapacity for work of the Borrower or borrower,

2.

in the cases referred to in paragraph 2, by submitting a certificate on the continuing need for care of the close-up or close relative and the duration of the exemption from the performance of the work and the credibility of the conditions laid down therein, , in particular through the presentation of personal economic conditions,

3.

in the cases referred to in paragraph 3, by presenting the relevant performance notices of the borrower or the borrower or by presenting a death certificate by the legal successor.

(3) Applications for partial loan decrees pursuant to § 7 (2) shall be submitted no later than 48 months after the beginning of the waivers according to § 2 of this Act or pursuant to § 3 (1) or 5 of the Care-Time Act. Unofficial table of contents

§ 11 General administrative provisions

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may adopt general administrative provisions for the implementation of the procedure in accordance with § § 8 and 10. Unofficial table of contents

§ 12 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 4 sentence 1, a certificate referred to therein shall not be drawn up, not correctly, in full or in good time,

2.

Contrary to § 5 (2), a communication does not make, not correct, not complete or not timely, or

3.

Contrary to § 8 (3) (4), a communication does not make it correct, not complete or not in good time.

(2) Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Federal Office for Family and Civil Society Tasks. (3) The administrative offence may be subject to a fine in the cases referred to in paragraph 1 (1). up to five thousand euros and, in the cases referred to in paragraph 1, point 2, subject to a fine of up to a thousand euros. (4) The fines shall flow into the cash register of the Federal Office for Family and Civil Society tasks. By way of derogation from § 105 (2) of the Code of Administrative Offences, the Act of Administrative Offences shall bear the necessary expositions. It is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences. Unofficial table of contents

Section 13 Application of appropriations

The funds required for the implementation of this law shall be borne by the Federal Government. Unofficial table of contents

Section 14 Advisory Council

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall set up an independent advisory board for the compatibility of care and occupation. (2) The Advisory Council shall deal with questions concerning the compatibility of care and occupation, it shall accompany the implementation the relevant legal regulations and advise on their effects. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth can submit thematic positions to the Advisory Council. (3) The Advisory Board shall submit to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth every four years, for the first time as of 1 June 2019, a (4) The Advisory Board is composed of twenty-one members, drawn up by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Labour and Social Affairs. to the Federal Ministry of Health. Deputy is allowed. The Chairperson and the Vice-Chairperson shall be appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The Advisory Board is composed of six representatives of professional interest groups, two representatives of the trade unions, the employers, the charitable associations and the senior citizens ' organizations, as well as representatives of the various associations. from a representative of social and private care-compulsory insurance. In addition, the Advisory Board includes two scientists with a focus on research on the compatibility of care and occupation, as well as one representative of the Conference of Ministers, senators, and one representative of the Conference of Ministers. and Senators for Youth and Family, the Conference of Ministers, Senators for Labour and Social Affairs as well as the local leaders ' associations. The members of the Advisory Board and their alternates shall be appointed for a period of five years and may be extended once by five years. If a member or his deputy leaves early, a successor or a successor will be appointed for the remainder of the term of office. (6) The members of the Advisory Board shall act on an honorary basis. They are entitled to reimbursement of their necessary expenses. (7) The Advisory Board shall operate on the basis of a point of order to be adopted by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Unofficial table of contents

Section 15 Transitional provision

The provisions of the Family Care Time Act as amended on 6 December 2011 shall apply in cases where the conditions for the granting of a loan pursuant to § 3 (1) in conjunction with § 12 (1) sentence 1 to 31. December 2014.