It is granted to provide personal care or support to a person:

• who is a family member, or
• who lives in the same household and requires care or support for serious medical reasons.

A son, daughter, mother, father or spouse is considered to be a family member.

On that basis, the employee may take 5 days of leave. Leave shall be granted on days which are working days for the employee in accordance with the applicable working time schedule.

Leave is granted by the employer at the employee’s request, submitted in paper or electronic form. The request must be submitted no later than 1 day before the beginning of the leave. The request must specify:

• the name of the person requiring care or support for serious medical reasons,
• the reason for the employee’s need to provide personal care or support,
• in the case of a family member – degree of relationship with the employee,
• in the case of a person who is not a family member – the address of residence of that person.

The period of carer’s leave is included in the period of employment on which the employee rights are dependent.

From the date of the employee’s request for carer’s leave until the date the leave ends, the employer may not:

• prepare for the termination of the employment relationship with this employee, with or without notice,
• terminate the employment relationship with that employee, with or without notice,

If an employee submits a request for carer’s leave earlier than 1 day before the beginning of the leave, the above protection against dismissal will take effect 1 day before the beginning of the leave.

Dismissal or termination of employment during this period is possible if it would be permissible to terminate the contract of employment without notice due to the employee’s fault (so-called disciplinary dismissal). The consent of the workplace trade union organisation is an additional condition for the termination of the employment contract.

The contract of employment may be terminated with notice during the validity period of the aforementioned protection also in the event of bankruptcy or liquidation of the employer. The date of contract termination must then be agreed by the employer with the trade union organisation.

If the employer is unable to provide other employment to the employee during that period, the employee shall be entitled to the benefits provided for in separate provisions. The period of their receipt shall be counted as part of the period of employment on which the employee rights are dependent.

It is up to the employer to prove that it is permissible to terminate the contract of employment without notice through the fault of the employee and that there is bankruptcy or liquidation of the employer.