Child sickness days
Child sickness days are working days on which insured people stay away from work to care for a sick child and receive child sickness benefit from the health insurer for it.
As of:September 2026
The figures for 2026
The standard entitlement under section 45(2) SGB V is ten working days per child and parent, at most 25 in the calendar year; for single parents 20 per child, at most 50.
For the calendar year 2026 higher figures apply: 15 working days per child, at most 35 a year, and for single parents 30 per child, at most 70. With more than two children the overall cap applies, not the sum of the individual entitlements.
Prerequisites
The child must not yet have reached the age of twelve, or has to be disabled and dependent on help. Both the insured person and the child have to have statutory health insurance. And there must be nobody else living in the household who is available to take on the care.
The need for care has to be evidenced by a medical certificate. The health insurer pays the child sickness benefit, not the employer.
MetronHR works these figures out itself: time accounts, premiums, overtime and the limits of the German Working Hours Act, with every booking.
The relationship to section 616 BGB
Under section 616 BGB the entitlement to pay remains where somebody is prevented from working for a comparatively insignificant period for a personal reason and through no fault of their own. That can also cover caring for a sick child.
That provision can, however, be contracted out of, and it is excluded in very many employment contracts. Where it is excluded, only the route via section 45 SGB V remains, with unpaid release from work and child sickness benefit.
Example: two children, one parent, 2026
- Entitlement per child: 15 working days.
- Two children give 30 days on paper.
- The overall cap of 35 days is not exceeded, so 30 remain.
- With three children it would be 45 on paper, capped at 35.
Common mistake
The employer keeps paying the remuneration although section 616 BGB is excluded in the contract. That is not goodwill but a payment without legal basis, which can become permanently binding as established company practice.
Further reading
- Section 45(1) to (3) SGB V
- Section 616 sentence 1 BGB
- „A person obliged to perform services does not lose the entitlement to pay by being prevented from performing them for a comparatively insignificant period by a reason relating to their person and through no fault of their own.“
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: September 2026
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Related terms
Special leave
Special leave is release from work for a personal occasion, for instance moving house, a wedding, a birth or a death. Whether it is paid depends on section 616 BGB and on the employment contract.
Incapacity for work
Incapacity for work exists where an ill person cannot perform the work they last performed, or can do so only at the risk of making things worse. What matters is the specific work, not the illness as such.
Continued pay
Continued pay is the continued payment of remuneration during illness-related incapacity for work and on statutory public holidays, without work being done.
Electronic sick note (eAU)
The electronic certificate of incapacity for work is the procedure by which employers retrieve the sick note data from the statutory health insurer instead of receiving a paper certificate.