Childcare; application for compensation under the Infection Protection Act

Employers and self-employed persons can apply for compensation or reimbursement in accordance with Section 56 (1a) of the Infection Protection Act (IfSG).

Working custodians or foster parents of children under the age of twelve or who are disabled and dependent on assistance can receive compensation under certain circumstances in the event of an officially ordered ban on entry, segregation (isolation/quarantine) of the child or closure of childcare facilities or schools. The prerequisite is that the legal guardians or foster parents suffer a loss of earnings because they have to look after their children themselves due to the ban on entering, isolation or closure due to a lack of other reasonable care options.

As an employee, you cannot generally submit the application yourself. Please contact your employer to assert your claim. In the case of employees, the employer is responsible for paying the compensation on behalf of the district governments. The employer can then submit an application for reimbursement to the responsible district government. You must demonstrate to the employer that you cannot provide any other reasonable care options during this period (see form "No other reasonable care options" under "Forms").

• For employer applications:
  • Certificate either about the ban on entering, about the segregation (isolation/quarantine) of the child or about the closure of the school or care facility
  • Wage and salary statements for the month(s) in question and - if available - calculation/presentation of the loss of earnings compensation paid by the employer.
  • Only in case of a compensation period of up to 4 days and if a claim for continued payment of wages according to § 616 BGB (German Civil Code) has been covered by an employment contract / collective agreement: Employment contract or collective bargaining agreement to prove exclusion from § 616 BGB
• In the case of applications from self-employed persons:
  • Certificate of either prohibition of entry, segregation (isolation/quarantine) of the child, or closure of the school or childcare facility
  • Current (last available) and complete income tax statement
  • If available: Certificate from tax advisor on monthly taxable net income (e.g., income surplus statement)
  • Proof of current social security contributions
• The documents can be uploaded via the online procedure.

• Determination of an epidemic situation of national importance by the German Bundestag (in the case of the corona pandemic from March 28, 2020 to November 25, 2021; until the end of September 23, 2022 regardless of an epidemic situation of national importance). During this period, compensation is granted for a maximum of ten weeks, or 20 weeks per year for single parents. The first annual period thus ended at the end of March 27, 2021, the following annual period (with the renewed possibility of claiming 10 or 20 weeks of loss of earnings compensation in accordance with Section 56 (1a) IfSG) began on March 28, 2021.
• The school or childcare facility or a facility for people with disabilities that the child of the employee or self-employed person attends is temporarily closed to prevent the spread of an infectious or communicable disease or their entry, also due to isolation, is prohibited or school or company vacations are ordered or extended by the competent authority for reasons of infection control, compulsory attendance at a school is lifted or access to childcare facilities is restricted or there is an official recommendation not to attend a childcare facility, a school or a facility for people with disabilities, and
• the child must not have reached the age of twelve (i.e. the child is 11 years old or younger) or the child is disabled and dependent on assistance and
• the child must be cared for at home by the employee or self-employed person during the period of closure because
• reasonable care cannot be provided elsewhere, and
• the employed person must suffer a loss of earnings as a result.

Detailed information on compensation or reimbursement in accordance with Section 56 (1a) IfSG can be found under "Further links".

The application must always be submitted online (see "Online procedure").

• If the working person with custody is an employee, the application is submitted by the employer.
• If the working person with custody is self-employed, the application is submitted by the self-employed person themselves.

The executing authority is the district government responsible for the applicant (see Section 69 (1) sentence 1 or sentence 2 of the Zuständigkeitsverordnung - ZustV).

The application must be submitted within 24 months of the end of the ban on entry, isolation/quarantine or closure.

A claim for compensation under Section 56 para. 1a IfSG only applies if the closure or ban on entering schools or childcare facilities or the other constellations listed above under Section 56 para. 1a no. 1 IfSG alone lead to a loss of earnings. This is not the case, for example, if and to the extent that the employee can already stay away from work under other statutory, collectively agreed, company or individual legal bases with continued payment of remuneration or a cash benefit corresponding to the amount of remuneration. If such legal options exist, these must be used as a matter of priority. This is the case, for example, if the legal guardian is still entitled to time credits. This must be reduced as a priority. If it is possible to work flexibly in terms of time and place (e.g. home office) and if this is reasonable, employees must make use of this and look after their children themselves.

There is also no entitlement to compensation for loss of earnings if the working hours of custodians are reduced due to the short-time working order, as custodians who do not have to work can look after their children themselves during this time. There is also no entitlement to compensation if schools would be closed anyway during the school vacations stipulated by state law.

As a precautionary measure, it should be noted that an application made with deliberately false or incomplete information is to be regarded as fraud. The offense of fraud provides for a fine or even a prison sentence of up to five years. Any case that becomes known will be reported and the benefit must be repaid.