Can I take leave if my husband/wife is ill?

1. General rule

In Germany, there is no automatic legal right for every employee to receive paid leave in order to care for a sick husband or wife.

Labour law mainly focuses on the right to take leave when young children are ill (“Kind krank”), not for the care of an adult partner.

2. When can it be possible?

A. In cases of serious illness or long-term need for care (Pflegezeit)

If your spouse requires long-term care and support due to illness or disability and is considered in need of care (Pflegefall), you may apply for care leave under the Pflegezeitgesetz or Familienpflegezeit regulations.

Possible options include:

• Short-term emergency leave (up to 10 days) to provide urgent care and to organise long-term care arrangements;

• Long-term care leave (Pflegezeit) of up to 6 months without pay under the Pflegezeitgesetz.

You will generally need a medical certificate (ärztliches Attest) confirming that your spouse requires your personal care and support. This has to be submitted to your employer.

B. In extreme emergencies or special humanitarian situations

In very serious exceptional situations – for example, a sudden hospital admission, a serious accident or a similar emergency –
Section 616 BGB can allow short-term paid leave,

provided that this right has not been excluded in your employment contract or in company/collective agreements.

C. Using annual leave or unpaid leave

Regardless of the above, you can always:

• Request annual paid leave (Urlaub) from your holiday entitlement, or

• Apply for unpaid leave (unbezahlter Urlaub).

In these cases, the decision whether to grant leave – and for how long – lies with your employer.

3. What should you do in practice?

• Obtain a medical certificate from your spouse’s doctor stating that your husband/wife depends on your care, especially if this is a care case (Pflegefall).

• Contact your employer, explain the situation clearly and calmly, and submit the certificate.

• Clarify which type of leave is appropriate in your case:

  • Short-term care leave (up to 10 days Pflegezeit) for urgent care and organisation,

  • Regular annual leave (Urlaub),

  • Unpaid leave (unbezahlter Urlaub).

• Check whether your employment contract, collective agreement or works council agreement includes special provisions for such family situations – if so, you can refer to them explicitly.

• If your spouse is formally recognised as a Pflegefall, contact the health insurance / long-term care insurance (Krankenkasse/Pflegekasse) to ask about possible support services and benefits.

Quick summary

• There is no automatic right to paid leave to care for a sick husband or wife.

• If your spouse is a care case and in need of long-term support, you can use short-term care leave (up to 10 days) and possibly long-term care leave (Pflegezeit) of up to 6 months without pay.

• In all other cases, you may request annual leave or unpaid leave, subject to your employer’s approval.

• It is always advisable to document the situation with a medical certificate and to explain your situation openly and precisely to your employer.

The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully verified. Please treat this article as an initial reference and always consult the relevant authorities or professionals for binding, up-to-date advice.