Employees have a burden of proof to receive continued payment of wages. This means that they must provide the employer with a certificate of incapacity for work. (Photo: M. Schuppich/fotolia) 31.03.2021
– Right to continued payment of wages exists in the case of illness that is not self-inflicted. – The employment relationship must have existed for four weeks. – The maximum duration of continued payment of wages in the event of illness is six weeks. – The amount of the continued payment of wages is based on the salary.
Anyone who falls ill and is unable to work through no fault of their own is entitled to continued payment of wages
A broken leg, a slipped disc or a severe flu: there are many reasons why employees are absent for a longer period of time. But even those who are unable to work continue to receive their salary. This continued payment of wages in the event of illness is governed by the Continuation of Remuneration Act (EFZG). This law came into force in 1994. Since then, the legislator has revised the details of the continued payment of wages (actually referred to in the law as "continued payment of wages in the event of illness") several more times. By the way, dismissal due to illness is not so easy either.
Continued payment of wages in the event of illness: Who is entitled to this?? Workers are entitled to continued payment of wages. Employees in case of incapacity for work through no fault of their own. Means the worker cannot perform his/her job duties or the illness would worsen if the worker continued to work. When incapacity for work exists also depends on the respective profession. A hoarse opera singer is considered incapable of work, while hoarseness in a construction worker, for example, is not necessarily sufficient reason for incapacity for work in.
According to § 3 EntgFG, the employment relationship must have existed for at least four weeks. The incapacity for work must be based on illness. May not be self-inflicted. If, for example, an employee causes a traffic accident while drunk or through gross negligence and is injured, this is considered to be self-inflicted. The same applies if the employee provokes a physical altercation or if he or she does not wear a seat belt and is therefore seriously injured in an accident.
The right to continued payment of wages, on the other hand, according to § 3 Abs. 1 EntgFG in the following cases:
– Removal of donor organs or tie – Blood donation for the separation of blood stem cells – Not unlawful sterilization and lawful abortion – Measures for cure and rehabilitation – Sports accidents not caused by gross negligence.
Continued payment of wages in the event of illness is also granted to mini-jobbers, part-time workers, those in temporary employment or student jobs.
It is difficult to work with a plaster leg. In the event of incapacity for work through no fault of the employee, the employee is entitled to continued payment of wages in the event of illness. (Photo: Andrey Popov/fotolia)
Duties of the employee in case of illness
In order to receive their sick pay, employees must also comply with obligations. The EntgFG states the obligation to notify. The obligation to provide proof. Duty to notify means that employees must notify their employer of their incapacity to work without delay. This also applies if the inability to work occurs abroad.
The obligation to provide evidence means that employees must provide their employer with a certificate of incapacity for work. The obligation to provide evidence always exists if the incapacity for work lasts longer than three calendar days. The certificate of incapacity for work must state how long the employee is expected to be absent from work. The iing physician must also note that he has informed the health insurance company.
Entitlement to continued payment of wages in the event of illness exists for a maximum of six weeks
The employer must continue to pay wages for a maximum of six weeks. Those who are incapacitated for work for a longer period of time generally receive sick pay from their health insurance fund. If the same basic illness occurs again, the sick days are added together until six weeks are reached.
Exceptions: More than six months have passed between the end of the last illness and the beginning of the new illness, twelve months have passed since the beginning of the last illness, or the new illness does not have the same underlying condition as the previous one. A further, new illness within the incapacity for work does not extend the period of continued payment of wages.
The amount of the continued payment of wages is calculated according to the salary
The amount of the continued payment of wages in the event of illness corresponds to the amount of the regular wage according to § 4 Para. 1a EFZG of full remuneration. Overtime is not taken into account, with the exception of regularly worked overtime. Vacation or Christmas bonuses are not part of the continued payment of wages.
Collective bargaining agreements may, according to § 4 para. 4 EFZG deviate from the regulations on the amount of continued payment of wages in the event of illness. However, this only applies to agreements on the basis for calculating the continued payment of wages. For example, agreements can be made on the extent to which overtime or short-time work is taken into account.