Illness

According to § 3 EFZG, employees are entitled to continued payment of remuneration in the event of illness. The entitlement only arises after four weeks of uninterrupted employment. An incapacity to work due to illness exists if the performance of the work owed under the employment contract is impossible or unreasonable due to illness.

Employees must inform the employer of the illness immediately in accordance with Section 5 (1) EFZG. If the incapacity to work lasts longer than 3 days, a medical certificate must be submitted. In the case of individual employees, the employer may demand that the certificate of incapacity for work be submitted earlier, even from the first day, without giving reasons. Earlier submission of the certificate of incapacity for work can also be agreed in the employment contract.

The employer is obliged to continue to pay remuneration for the period of incapacity for work up to a period of 6 weeks. If an employee insured with a statutory health insurance fund falls ill for longer than 6 weeks, they will receive sick pay from the fund for up to 78 weeks. However, the sick pay does not fully compensate for the loss of income, but only amounts to 70% of the regular gross salary; but not more than 90% of the regular net salary.

Employees are obliged to promote their recovery during illness, but are not always obliged to "stay in bed". The type of illness is decisive. If an employee has registered as unfit for work due to severe influenza, the fact that this employee is seen doing sport may cast doubt on the correctness of the incapacity for work. If an employee is seen strolling through town during the period of incapacity for work and the employer has no knowledge of the cause of the illness, the employer is obliged to carry out further investigations, possibly by interviewing the employee, before any consequences under employment law can be considered. After all, a mental illness, for example, does not prevent an employee from leaving the company.

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