The employee performs the work. Receives in return the salary agreed in the employment contract. This is the basic principle of any employment relationship. However, there are also days when the employee is cannot or may not work, as z. B. in the event of illness, vacation or public holidays.
What is continued remuneration?
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But does this mean that he does not receive pay for these days? Not necessarily, because in many cases there is Entitlement to statutory continued payment of wages.
Short& short: Continued payment of remuneration
Continued payment of wages means continued payment of wages in the event of illness for which the employee is not responsible.
All employees are entitled to continued payment of remuneration, including part-time employees and mini-jobbers.
Continued payment of remuneration due to incapacity for work is granted for a maximum of 6 weeks.
But when exactly is there continued payment of remuneration? How long it is paid? And how is the calculation of the continued payment of remuneration made? This and more you will learn in our guide. What does continued payment of wages mean. When is there a claim?
Continued payment of remuneration is paid in case of absence from work, if it is not the fault of the employee.
As a rule, it is stated in the employment contract, on which days in the week or month the employee has to work. Now, however, it may happen that for certain reasons he cannot or is not allowed to work on a certain day, although he would normally have to do so.
So that him by this absence from work that is not self-inflicted If the employee does not receive a salary, the law provides that he or she will receive continued payment for these days – i.e. a payment of the salary that he or she was are entitled to without the loss of work would.
Incidentally, the entitlement to continued payment of wages exists even in the case of a mini-job or part-time work. This is because the legislator does not make any distinction between employees according to the duration of working hours, the amount of pay or the type of employment. Accordingly, the statutory provisions regarding waiting period, duration, amount, etc. also apply. for all employees.
Below we list the situations in which an entitlement to continued payment of remuneration exists and which regulations apply in the respective case.
Is there continued payment of wages during vacation?
Section 11 of the German Federal Leave Act (BUrlG) specifies the legal provisions for continued payment during vacation time. This so called. Vacation pay – not to be confused with vacation pay – is treated as current wages, so that no special features arise in the calculation of wage tax or social security contributions result.
If the employment contract does not provide for a fixed salary per working day because z. B. on different days different number of hours worked, the vacation pay is calculated according to the average earnings, which the employee has received in the last 13 weeks before the start of the leave.
Thus, for the continued payment of wages during vacation applies that Supplements for night work, shift work or holiday work generally also be taken into account in the calculation of vacation pay if they have been on sick leave during these 13 weeks regular were paid.
Continued payment of remuneration in the event of illness or injury: What to bear in mind
According to § 3 of the Continued Payment of Wages Act (EntgFG), employees are entitled to the following In case of illness an entitlement to continued payment of remuneration by the employer. For this purpose, the employee must be certified by a doctor as being unable to work during the period of illness or injury. A continued payment of remuneration without a valid AU certificate is not possible.
Sickness without continued pay: In the event of illness, there is no continued payment of wages during the first 4 weeks of employment.
In addition, the incapacity for work must not be the employee's fault and there must be not by a gross violation have been caused. A cold contracted by the employee during a winter walk is not considered to be self-inflicted.
For an injury caused by a traffic accident that the employee is due to drunk driving has caused himself, however, there is no entitlement to continued payment of remuneration.
And there is one more condition to consider here: the waiting period. Continued payment of remuneration in the event of illness is not provided for in the first 4 weeks after the start of work. So anyone who falls ill or is injured within this waiting period has no entitlement to continued remuneration. In some collective agreements, however, the waiting period can be waived.
Payment is also continued in the event of an accident at work, donation of organs, ties or blood, as well as sterilization or abortion, provided that these were not performed unlawfully. In any case, the employee must be incapacitated for work, and a corresponding certificate be able to submit from the doctor.
The employer can continue the payment of wages after 6 weeks of continued illness stop. If an employee is on sick leave for a longer period, he or she will receive payment instead after these 6 weeks have elapsed the health insurance company in the form of sick pay or injury benefit.
Continued payment of remuneration in case of illness: public service is a special case
The provision regarding the duration of continued payment of wages does not apply to civil servants, judges and soldiers in public service. Your pay will be without legal deadlines continues to be paid even if absent for more than 6 weeks.
If the illness is protracted, the employer can have the incapacity for work checked by a public health officer and the sick person can be discharged from work in the event of chronic incapacity for work retirement from employment.
For employees of federal and municipal public administration institutions, the continued payment of wages in the TVoD is – "collective agreement for the public service – regulated in § 22.
Continued payment of remuneration is also made during rehab?
The right to continued payment of wages also exists in the case of rehabilitation.
Even if the employee is in the course of from rehabilitation measures If an employee is off sick, the employer is obliged to continue paying remuneration for 6 weeks. The prerequisite for this is that the rehab has been approved by a social benefit or social insurance agency has been granted.
After Procedure for continued payment of remuneration are also generally entitled to sick pay or injury benefit in this case.
Continued payment of remuneration: Calculation of the amount of remuneration in the event of illness
In case of incapacity for work the principle of loss of earnings. This means that the employee receives the remuneration that he or she would have received had the absence from work not occurred. Thereby are also regularly worked overtime to be taken into account.
For continued payment of remuneration, as in the case of normal pay, the employee must Taxes and social security contributions be paid off.
Continued payment of remuneration during pregnancy
Employees are entitled to sick pay during their pregnancy different payments to, but not all of them constitute continued payment of remuneration. During maternity leave, which begins 6 weeks before the calculated date of birth, there is Entitlement to maternity pay. This is a payment of the health insurance. amounts to a maximum of 13 euros per day. However, the employer is often obliged to pay an allowance for maternity benefits.
A "real" continued payment of remuneration is, however Maternity pay. This is paid by the employer if the employee is banned from working even before the maternity leave period and is unable to perform her work for this reason alone.
The amount of the continued payment corresponds the average salary of the last 13 weeks. Regular allowances for Sunday, holiday and night work should also be included in this calculation.
Is there continued payment of wages in the case of a cure?
Employees are entitled to continued payment of wages for a mother-child cure.
Also for a cure – z. B. a mother-child cure – there is continued payment of wages by the employer. The prerequisite for this is that the cure has been approved by a social insurance agency, such as z. B. the health insurance fund, has been approved.
Here it is important that the employee informs his employer immediately after the approval about the time and expected duration informed of the cure in order not to jeopardize his entitlement to continued payment of remuneration. In addition, a certificate of approval or a doctor's certificate of the Necessity of the cure to be submitted.
Continued payment of remuneration on public holidays
Employees are entitled to continued payment in the case of a public holiday if this falls on a day on which work is otherwise regularly performed.
The regularity is decisive here, because there are also employment relationships in which the days of the week on which work is done, not specified are, but change. There are for example. B. the situation when an employee works 5 days a week, but the company is open 6 days a week. Which day of the week is free for the employee varies from week to week.
In such cases, it often happens that employers use the day off of their employees anyway put on a holiday, in order not to have an additional loss of working hours. In this case, no continued payment for the holiday must be made. However, such an approach is really only permissible if the employee's working days are regularly vary.
Does the employer get reimbursed for the continued payment of wages?
A continuation of pay represents a financial disadvantage for the employer. After all, he has to pay his employee even though he does not perform any work. Employers can protect themselves against this risk with of a continued payment insurance secure.
Employers who have max. 30 employees are even obliged to do so by working on the sog. Pay-as-you-go participate. For this they have to pay regular contributions. In the event of continued payment of wages, the health insurance fund will then reimburse on request between 40 and 80 percent the amounts from the apportionment.