Illness: when employees are absent due to incapacity for work

The term chosen in 2005 as the unword of the year The term "human capital" shows very clearly: Employees are a resource that companies work with. Their know-how and manpower make a significant contribution to the company’s success, which is why it is important to demand and promote.

short& just: Sickness

Employees who are sick must have their doctor confirm that they are unable to work after receiving treatment. In this case, you will receive a so-called certificate of incapacity for work.

As a rule, employees receive continued payment of wages in the event of illness for six weeks. If the illness lasts longer, the health insurance company steps in and employees receive sick pay.

Termination is not ruled out in the event of illness. However, employers must adhere to strict legal requirements in this regard. Read more about this topic here.

Specific information on the subject of illness in labor law:

Guide to warnings due to illness

Warning because of illness

In this guide, you can find out whether employers are allowed to issue a dismissal due to illness.

incapacity-for-work contribution

Incapacity for work

How should you proceed if you are sick and unable to go to work?

Guide drug test company doctor

Drug test at the company doctor

When is a company doctor allowed to conduct a drug test and what is he allowed to tell the employer afterwards??

continued payment of wages guide

Continued payment of remuneration

When are employees still entitled to salary in the event of absence from work?

sick pay guide

Sick pay

When are you entitled to sick pay and how much does it amount to??


Termination due to illness

What are the requirements for termination due to illness??

advisor-retroactive-sick letter

Reduce Christmas bonus due to illness

When may the employer withhold Christmas bonuses in case of illness? Read it here!

Sometimes, however, too much stress at work, which can manifest itself, for example, through bullying at work, makes you ill. Sleeplessness and persistent brooding about the reasons for colleague demotion, but also recurring Colds sometimes cause high failure rates. This usually causes displeasure with the employer, who primarily sees the cost side.

How should you behave towards your employer when you are ill? We explain what matters

How should you behave in case of illness towards your employer? We explain what matters.

In the following, we will inform you about how to deal with illness in the employment relationship, what legal basis there is and Whether employees should fear being handed a notice of termination if they are still ill after 6 weeks.

How does labor law treat the subject of illness?

Just in Open-plan offices the illness of employees is much discussed. viruses and bacteria spread more easily here than elsewhere and also the Noise exposure can play its part in causing employees to miss work at some point. If the trip to the doctor is taken instead of to the place of work, the question is: When do you have to inform your supervisor or a human resources manager about it, that you will be absent that day or perhaps longer?

to be informed: According to labor law, how must the sickness notification be?

Colleague belittling can lead to an illness developing. Bullying is not fun

The belittling of colleagues can lead to the fact that an illness develops. Mobbing is no fun.

You can obtain the necessary information on how to behave in the event of illness from the Continuation of Remuneration Act.

It demands from the ill person, to inform the appropriate place promptly and thus immediately about the own inability to work and its prospective duration – so that the upcoming appointments and pending tasks can be coordinated accordingly.

At which point in time at the latest Certificate – also known as a yellow slip – The question of whether an illness must be present is usually at the discretion of the employer. This can insist on receiving such a certificate already on the first day of work.

Other companies handle the issue more accommodatingly and request a certificate of incapacity for work only on the fourth day. What specifically applies in your employment relationship, you should therefore in your employment contract or. read an applicable collective agreement.

If there is continued payment of wages in the event of sickness?

One of the major achievements in occupational health and safety is that employees can not to fear for their existence in the event of illness must, because: If they have not caused the infection or a broken arm themselves, they are allowed to demand regular continued payment of their salary or wages for up to six weeks.

But what happens if you, fall ill again shortly after you have recovered and returned to work? If it is a completely different illness, which has nothing to do with the first, the 6-week cycle starts again. However, if you are caught up again with the original illness, you cannot rely on continued pay.

Continued payment of wages in case of illness after 6 weeks – does it exist?

What should you do in the event of illness? Your employment contract provides information

How you should behave in the event of illness? Your employment contract provides information.

Mental illnesses in particular are usually not over after one or two weeks. Who cannot fulfill its work contract because of illness longer than six weeks, however, receives no remuneration continuation payment by the employer more. However, he does not have to forego financial support because of this, since in the case of statutory insurance, the health insurance company usually steps in. It pays the so-called Sick pay.

How much money is paid after six weeks of incapacity for work is specified in Social Code Book Five (§ 5 para. 1) held. It amounts to at least 70 percent of the gross wage and at most 90 percent of the net wage. Attention: Not every insured person can claim sick pay in the event of illness. Who of the Family insurance benefits, the Checking, as well as compulsorily insured (this includes, for example, students, Hartz 4 recipients and interns).

Legal consequences in case of illness

Employees who are frequently plagued by illness are often a burden to companies, as they are have costs that are not recouped through appropriate performance. As a result, many consider taking legal action against the employee. In the following, we therefore explain, among other things, whether labor law provides for dismissal in the event of illness.

When does the warning threaten in the case of illness?

What rights and obligations both parties have in a legal transaction, usually comes from an employment contract. This will be is formulated in writing for the sake of better verifiability and signed by both. In consequence, however, this does not necessarily mean that one in the course of time never violates one or more of these provisions. The question is: When can an employer give an employee a warning?? Is this measure justified even if you are ill?

A warning usually relates to an certain misconduct on the part of the employee that the supervisor does not want to tolerate (any longer). He therefore points out to him in writing, it refrain from doing so in the future in order not to risk losing his job. The occurrence of However, illness is seldom self-inflicted and therefore not subject to a warning.

The situation is different if a Sick leave was submitted too late and, for example, disruptions in the operating process have occurred as a result. The sick person would have had a lot of influence on this, which is why the violation of the immediate notification of sickness may be punished with a warning due to sickness.

If termination due to illness is an option?

company, the Regularly employ more than 10 people, Must comply with special requirements if they want to make redundancies. These are recorded in the Dismissal Protection Act (KSchG). In order for a termination to be in accordance with the legal requirements and therefore socially justified is, the decisive reason must be assignable to one of the following areas:

  • dismissal due to personal reasons: The decisive factor for the termination of the employment relationship is certain causes inherent in the employee himself (This may include the presence of an illness.)
  • termination for operational reasons: The dismissal is for operational reasons, such as an inadequate order situation.
  • behavior-related dismissalIf an employee is often late, insults colleagues or steals company property, he may lose his job under certain circumstances.

Is there continued payment of wages in case of illness? Yes, for 6 weeks

Is there continued payment of wages in the event of illness? Yes, for 6 weeks.

In the overwhelming majority of cases, it comes to behavioral or operational terminations, because: The Unilateral termination of an employment relationship for personal reasons is subject to high legal hurdles – so also in case of illness.

Basic rule in labor law is almost always: There must be a Weighing of interests undertaken are.

This means that only if the employer it is no longer reasonable to continue employing the sick employee, dismissal may be justified. If the Dismissal Protection Act applies, the employer must therefore proceed according to equitable discretion and also to take into account which factors on the employee side speak against this decision (z. B. his age and thus the chance to find a new job, maintenance payments to be made, his marital status, length of service).

Likewise, in case of doubt, the employer must be able to prove has significant economic losses due to the absence of the sick employee or. is expected to have. This is usually the case when there are disruptions in operations that do not result from poor planning on the part of the employer or other misconduct.

In connection with the dismissal due to illness is likewise the To investigate the development of the health of the affected person. Does the employer have to assume that in the foreseeable future the employee will not be able to fully meet his or her obligations under the employment contract, it is a negative prognosis. This is an essential prerequisite for dismissal due to illness.

Is it permissible to give notice of dismissal due to illness? Subject to compliance with certain conditions, there is nothing to prevent this

Is it permissible to give notice of termination due to illness? If certain conditions are met, there is nothing to prevent this.

Complaints against the dismissal due to illness

If you have doubts as to whether your employer has complied with the legal requirements, it may help to file an To file a lawsuit against dismissal. Within the framework of this, it will be checked whether everything has taken place in accordance with the law. Strive this way, it can be helpful to hire a lawyer for the matter. He knows the legal tricks and especially the deadlines that must be met. With a good lawyer for employment law, you have the best chances to enforce your rights.

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