Loss of work due to the need for childcare
There is no explicit provision in the law as to what happens to wage claims if employees (have to) stay at home to look after their children. Basically, § 616 BGB would be relevant. Accordingly, the employee does not lose his entitlement to remuneration if he is prevented from performing his work for a relatively insignificant period of time for a personal reason through no fault of his own. In the event of unforeseeable school closures due to an impending storm for a day or two, the standard seems to be applicable without any problems. The personal reason is the (legal) duty of care of the employee towards the child. A day or two is undoubtedly a comparatively insignificant time. However, an officially ordered closure of schools and daycare centers that triggers the childcare situation is not necessarily through no fault of their own if it was foreseeable and the employee had time to adjust to the childcare situation. If, even with the best planning, there is no possibility of having the child cared for elsewhere, the question of time arises. Loss of work of up to 10 days could still be covered by this provision (the employee is still entitled to payment). However, whether absences of 6 weeks because of the care of the children would still be covered by this provision is highly doubtful, if not impossible.
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