If an illness occurs, the employer must be informed about it quickly.
It is cold, everything is sniffling and coughing around you. Despite all precautionary measures most employees, who are in an employment relationship, do not get around it, in the case of illness some days bed rest to permit itself. This time is not deducted from the vacation.
About this inform your employer in time. About which Rights and duties of an employee in case of incapacity for work the following guide informs about it.
Compact knowledge: Disease
Sick employees must have their incapacity to work certified after receiving appropriate medical treatment. The so-called certificate of incapacity for work (AU), which must be submitted to the employer, serves as proof of this.
In the event of illness, employees normally benefit from continued payment of wages for a total of six weeks. If they are sick for a longer period, the health insurance company pays the so-called sick pay.
A dismissal because of illness is only possible under special conditions. You can read more about this here.
Interesting facts about illness
inability to work
In this guide, we tell you what you need to know about incapacity for work.
Many employees are entitled to continued payment of wages. Here you can read what it is all about.
Who pays sick pay? Here you can find out when you are entitled to sick pay.
Reduction of Christmas bonus in case of illness
When may the Christmas bonus because of illness be shortened and when not?
The sick leave
If there is an illness, you have according to Section 5 of the Continuation of Remuneration Act (EntgFG) requires you to report sick to your employer in a timely manner. This means that as soon as you “reasonably possible” if. Under certain circumstances already before the visit to the doctor or a diagnosed illness be the case. If necessary, it is also possible to use the services of a third party who calls on your behalf at work.
When reporting to work, the employer should also be aware of to inform about the foreseeable duration of absence from work. Failure to report to work may result in an warning or, in the case of persistent, repeated violations, dismissal may result have.
Often, the supervisor and/or employer is to inform immediately after the regular start of work about the presence of an illness. What the procedure is like in your employment relationship is not clear depending on the signed employment contract. Here it is usually noted who has to receive the sickness notification and when. If you are unsure, you can look it up here.
In the case of illness, labor law does not prescribe how the company is to be informed of the existence of the illness. Often a phone call is all it takes. If you do not want to make yourself vulnerable to attack, remember the name of the person you are talking to, as well as the date and time of the conversation. If there are questions later, you can use this information to prove that you have fulfilled your reporting obligation. You can be on the safe side if there is a witness to your call.
Is there an obligation to immediately submit the medical certificate of incapacity for work? The Obligation to notify and provide evidence in the EntgFG state:
if the incapacity for work lasts longer than three calendar days, the employee must submit a medical certificate confirming the existence of the incapacity for work and its expected duration no later than on the following working day. The employer is entitled to demand the submission of the medical certificate earlier. If the inability to work lasts longer than indicated in the certificate, the employee is obliged to submit a new medical certificate.” (§ 5 paragraph 1 EntgFG)
Labor law also stipulates that if the employee is insured with a statutory health insurance fund (GKV), the certificate of incapacity for work must contain a note stating that the health insurance fund will also be informed promptly of the reason for the illness and its probable duration.
Accordingly, if the employment contract on the subject of illness contains such a clause, the employer may demand a certificate of incapacity for work from the employee as early as the first day of the illness. This is also possible if a corresponding collective agreement is applicable.
Continued payment of wages in the event of illness
If there is a Illness without fault If the employee is unable to perform his or her job, the sickness benefit is capped at 90 percent of the net salary. Nevertheless, according to the legislator, he has a Entitlement to continued payment of remuneration in the event of illness. This is in Paragraph 3, paragraph 1 EntGFG fixed:
If an employee is prevented from working due to incapacity to work as a result of illness, through no fault of his own, he is entitled to continued payment of remuneration in the event of illness by the employer for the period of incapacity to work up to a duration of six weeks."
For a maximum period of six weeks, wages continue to be paid in the event of illness.
If the illness lasts longer and is still sick after six weeks, Employees with statutory insurance receive in the case of incapacity for work, as a rule, a so-called sick pay from the health insurance fund – This is how the Social Code No. 5 before.
The amount of this depends on the respective income level.
The continued payment of wages in the event of illness after six weeks is based on income. It amounts to at least 70 percent of the gross value and is capped at 90 percent of the net salary. If one and the same illness is present for a long time, sick pay is granted for a maximum of 78 weeks.
Dismissal due to illness
Employees who fall ill frequently or for a long time and thus have long periods of absence are potentially damaging to the employer, as their absence means that they cannot perform their work duties in the same way as an employee who is predominantly healthy. It can therefore under certain circumstances for termination in case of illness come. It is then a matter of termination for personal reasons.
Termination due to illness is permissible, if the contractual relationship between both parties – i.e. employee and employer – is significantly disturbed. So that it can be pronounced, there must be good cause, all of which must be fulfilled for it to be effective. This is what case law says. This includes
Negative health prognosis: The employee can not or not sufficiently fulfill the duties agreed in the employment contract due to his illness. It is not possible to predict when he will be fully fit for work again. The employer has to support this amption with facts, or rather. to be justified. Negative influence on the operational or economic interests of the employerThe large number of absenteeism hours leads to disruptions in the operational process or there are currently or in the future significant economic disadvantages as a result. This includes, for example, continued payment of wages during periods of illness or the negative impact on production figures. However, there must be a disproportionality. Weighing of interestsFinally, the interests of both parties to the contract must be weighed against each other, taking into account parameters such as the duration of the employment relationship, the reasons for the illness, the average absenteeism of other employees and the age of the employee concerned. If this assessment is negative for the employee and the employee cannot be transferred to another position within the company, this can form a basis for effective termination of employment.
A dismissal in case of illness is possible under certain conditions.
One Warning because of illness is not required before a personal dismissal, as these are usually not self-inflicted.
Termination for illness is more difficult if the duration of the employment relationship is already more than six months and usually more than 10 employees are employed full-time.Under these conditions, the legal protection against dismissal comes into play.
What are employees allowed to do during a present and reported illness??
Is an employee Written unfit for work, must he not stay in bed permanently in any case, to fear a dismissal because of illness according to labor law. The decisive factor is exercise consideration, i.e. refrain from all activities that hinder the recovery process. things are allowed. Which not. If you are caught disregarding your duty of consideration during an illness in the employment relationship, you are first threatened with a warning.
If the illness is due to a cold, there is nothing to stop you from going for a walk or shopping. However, this only applies if the doctor has not explicitly advised against both.
Illness in employment law – what the employment contract states and which legal regulations apply
Other interesting guides
176 Thoughts on " Illness in employment law – what the employment contract states and which legal regulations apply "
Have time march a mini jop. Was sick for 5 weeks with sick leave. Now I should work 43 hours without pay it would be 43 hours minus. Work is registered with employment contract. My contract states that in the event of incapacity to work due to illness, the employee is obliged to submit a medical certificate of incapacity to work and its expected duration on the third working day at the latest . I have doneThe continued payment in the event of illness is made in accordance with the statutory provisions. The employer does not want to pay me the 5 weeks. What should I do?
Hello Manuela, the law prohibits us from giving legal advice. We therefore ask you to contact a lawyer who is familiar with labor law. There you will certainly be helped. If you have adhered to the contractual agreements, you should not be required to rework as a rule. The employment contract.org-team
Hello, I have torn my cruciate ligament and am now on sick leave for 4 weeks. After the 4 weeks I will return to the company for 4 weeks, because I will then have an operation on my cruciate ligament. Does the employer have to continue paying my salary? ?
Hello Max, your employer must continue to pay you for the first four weeks of your sick leave as well as for the next four weeks of regular work. This is, among other things, from the Continuation of Remuneration Act, which states: For up to 6 weeks a year, you are entitled to this in the event of incapacity for work. The work contract.org-team
Hello, on 08.02. Torn the cruciate ligament, came on 08.03. On the operation. Am still to 10.05. 05. At home. The company has given me February. March complete salary paid. Home. The company has given me February. March complete salary paid. The company has informed me in February. March complete salary paid. And this month April she pays only half. I have to get the other half from the health insurance. My question: Does this affect my vacation pay for this one month, when I receive half from the health insurance? ? LG
in the employment contract it is stated that a medical certificate must be presented at the latest on 3. working day must be present. Question 1: may the AG require a medical AU already for the 1st day of illness?. The employees are not allowed to go to the doctor on the first day, even if they are not absent for more than one working day? z.B. migraine
Question 2: Does the contract have to be changed if in the future from the 1st working day I have to present a certificate of incapacity?.The date on which the AU must be present.
Question 3: must the AG this change in writing to the employees communicate
Question 4: the change does not concern an individual but a company with 15 colleagues. 3 of them civil servants. 8 with old contracts. 4 with new contracts in which the regulation from 1. Day AU is already included. There is no works council, what consequences are foreseeable if the 8 colleagues refuse to accept the new regulation??
Hello Miriam, the Continuation of Remuneration Act states: the employee may also take sick leave before the 3. Day the presentation of an incapacity to work require. He does not have to give special reasons for this. The behavior of the employer can be legal with it. In the worst case scenario, you will all have to face a warning if you do not comply, thus putting your jobs at risk. The employment contract.org team
I would like to ask questions here, since the topic is current with us and the answer does not seem clear to me: If in the contract of employment it is specified that the presentation of the incapacity for work must take place only on the third day and later in a letter it is communicated that this must take place starting from the first day of illness, must I accept this, or can I fall back to the regulation in the contract of employment?
Hello Holger, the Continuation of Remuneration Act is quite clear here: the employer can demand the submission of a certificate already on the first day of illness without giving reasons. He does not have to give reasons for this. According to a court ruling, this requirement is only not permissible if this procedure is expressly excluded in the employment contract, an applicable collective agreement or a company agreement. The employment contract.org-team
This means that it is sufficient if the employer informs you verbally or by e-mail without changing the employment contract? In our company it is valid for employees with old contracts that a certificate of incapacity for work from the 3rd day onwards is not valid. In the case of employees with new contracts, it must be submitted on the first day. Day. The boss has now informed by circular mail that all from the 1. day need an AU. Is that sufficient? Does he not have to adjust the contracts?
I handed in the first sickness certificate and called before it expired that I still wanted 9 days of sick leave. weeks sick but I would not have told and the new have not received the say now they want to give me no salary continuation is the legal was all thing 4 month before already times sick 7 month because of another illness case! Is that legally.
Hello Bastian G., whether your employer has behaved lawfully, can be seen, among other things, from your employment contract. Here is how you have to behave in case of sickness. In addition, the reasons for which you were absent during the year are decisive. In principle, if you are absent within 6 months due to the same illness, the employer must continue to pay wages only once for six weeks. After that you are usually entitled to sick pay. The employment contract.org team
In my employment contract there is nothing about when I have to present a certificate of incapacity for work. Was now one day sick. I have indicated this by telephone. Now I was deducted 8 overtime hours for the day. Can the AG insist without regulation on the certificate of incapacity for work?
Hello Judge, unless otherwise agreed in your employment contract, your employer does not verbally insist on any other procedure and there are no other regulations in an applicable collective agreement or a company agreement, the provisions of the Continued Remuneration Act apply. It states that in the event of an illness that is expected to last longer than 3 calendar days, you must be off work no later than 4. The employee must submit a medical certificate on the 1st day stating the existence of the inability to work and its expected duration – if you wish to continue to be paid during this time. The employment contract.org team
How does it work with the sick leave on the 1st day?. Sick day if it concerns only individuals in a company?
Hello Tom, the employer is allowed to demand the certificate of incapacity for work from you already on the first day. He does not have to give a reason. To clarify whether discrimination has occurred, you are welcome to contact an employment lawyer. The employment contract.org team
My employer deducts the first day of sick leave in the form of overtime or vacation days or deduction from my salary, even though I have a doctor's certificate from the first day. He also wrote this in the employment conditions that are part of the employment contract. Is this legal?
Hello Denny, usually the following applies: If you are sick, you are sick. Because this is not a time for rest, but for recovery. Whether your employer has behaved wrongly and what you can do about it, you will find out in an initial consultation with a lawyer for labor law. The employment contract.org-team
I have been on sick leave for over 6 weeks, a few days ago I received a letter from the health insurance company stating that at the request of the employer my incapacity for work should be checked and I am invited to a medical examination.
The question: If, for example, the illness can not be determined then the AG has the right to terminate me despite indefinite employment contract?
Hello Simon, the employer has the right, in case of doubt about your incapacity for work, to commission the Medical Service of the Health Insurance Funds to take a closer look at you. If the employer finds out that you were actually fit for work, he may give you a warning or, in the worst case, dismiss you without notice because you have deceived him. The employment contract.org-team
Hello, was sick this year for 10 months after surgery, now my vacation entitlement is reduced to the legal minimum wage. Is this right.
Hello Ursula, it usually depends on when it says in your employment contract, any collective agreement or a company agreement. According to a court ruling by the Rhineland-Palatinate Regional Labor Court, the employer can stay within the legally permissible limits if he cancels your contractual additional vacation entitlement because you have been ill for too long, and in doing so does not affect your minimum vacation entitlement. You can find out what requirements must be met here from a lawyer for labor law. The employment contract.org team
became the 26.12.2016 sick, which I have also notified my employer.Thereupon I was told that in the future I no longer get my actual work but only as a springer on the road, because my fleet manager considers it a "returkutsche". Is this legal. What can I do about it? Greetings Peter
Hello Peter, in principle the right of instruction of your superior is to be followed. If you want to take action against the decision, you should be sure whether this change was made on the basis of the sick leave or not. What you could possibly do against it, we can not tell you, because we do not offer legal advice. Please consult a lawyer. Your employment contract team. The employment contract says "..the reason. The expected duration must be stated"..the reason and the expected duration must be stated". duration is clear to me, but do I really have to specify the reason with this clause.
Hello Yvonne, you do not have to provide information about the nature and cause of the illness. Unless there is a risk to third parties. When reporting sick, you only have a duty to report and provide evidence of the condition. With reason is here probably only meant that you must give the reason for the absence and that is the illness. Your team of employment contract. I find all articles very helpful. Written to the point. However, what I was looking for is when do I have to go to the doctor in my free time and when does the employer have to pay for a doctor's appointment because it falls during working hours. The same question for physiotherapy. I was operated on the lumbar spine, should be after four weeks again 4 weeks…. at least …sick leave. In the following 4 weeks many already 6 times Krankengynastik a 1Std loss of working time and two Folge doctor's appointments … my employer said … deduct that from your overtime … I have not again 4 weeks sick leave, but my already laid recovery appointments keep. Thank you very much for an answer. Kind regards…Ursula
You are generally required to make doctor's visits outside of your working hours. Your employer only has to give you time off for certain examinations that take place at set times.
However, your employer must continue to pay your wages unchanged if you are sick or injured for up to six weeks. After this period, the health insurance company will pay at least 70 percent of the gross salary. Within the first 6 weeks your employer is not allowed to deduct anything from your earnings. Overtime may be deducted only if the time off was already fixed and you are unexpectedly ill in the relevant period.
Have the following problem :
Was on 17.10. Went on sick leave for 4 weeks because I kept getting big headaches due to meningitis. So then I become pregnant in the middle of it and had afterwards afterwards after the 4 weeks for 5 weeks a sick note because of threatening miscarriage. Now I have received a notice from my employer that he will deduct the last 1 week of holiday pay.35 salaries back demands and I now no longer receive a salary. Is this legal? My health insurance company has informed me by phone that the 6-week period begins anew due to the new illness and has informed the employer. What is the situation?
Hello Daniela, as a rule, the entitlement to continued payment of wages by the employer is for six weeks. If your illness lasts longer, you normally receive sick pay from your health insurance company. Since we do not know all the details of your case and are not allowed to give legal advice, we would recommend that you contact a lawyer.
I am since 8.08.16 sick with burnout. Am now almost 17 years in the company. Have since then also in May vacation pay. Received Christmas bonus in November. Since September 2016 I receive sick pay. In November 16, I received a Christmas bonus on a pro rata basis. My employer now says that I am not entitled to vacation pay in May 17. Is this legal? We are subject to the MantelTarif of the NGG. Look forward to your answer. Many thanks.
here it depends strongly on the individual case. If the vacation pay is linked to the vacation entitlement, it is often not forfeited even if there is a case of illness. But even here the situation is not always very clear. It is best to contact a lawyer for labor law. This can analyze your individual case exactly.
At my work we have received a memo stating that all sick leave should come with a doctor's certificate, no matter when the notification is less than three days.
Is this legal at all??
generally, the employer can insist on an early submission of the certificate. This is quite legal. However, this must not be contrary to the clauses that are in the employment contract. This is how the Federal Labor Court ruled.
I am a geriatric care assistant with 20 hours a week Am now since the 25.01.20017 up to and including the 25.02.20017 sick leave (with sick note). I have now learned that my employer has deducted my sick leave from my overtime hours. Is this legally correct?
If it was agreed beforehand that the overtime would be worked in the period, then the employer can compensate the overtime if you suddenly become ill in the period. You should discuss with a lawyer whether this is also possible the other way round.
Dear lawmakers, I am on 28.03.17 retroactively to 27.03.17 I was written off sick as I had already been on 27.3.17 was in practice. Today I got my pay slip. The 2 sick days were not paid. I asked the company for a correction of the pay slip. Are there other laws for temporary companies, I was told by the company that there is a passo that was made especially for such situations. On 27.03.17 I was also asked by the company not to ie me a sick bill. I think so, they do not want to pay me sick pay. According to the employment contract of the company, I have fulfilled my obligations. Immediately after receiving the sick certificate, I sent it to the employer. Is this legal ?
please contact a lawyer with your problem. We can not give you legal advice.
Hello, I have a question, I'm sick for "2 years rheumatism and must every month once to the infusion in the hospital and am therefore this day also sick leave, since September 16, so runs, have otherwise hardly any failures and am also in working life fully and do my job perfectly (cleaning in schools) it is of course a strenuous job and difficult but show no restrictions .Now my employer requires that I bring a doctor's certificate about my medical condition, my question: may the boss require this and can he even use this against me (dismissal), I am 55 years .How should I behave,please for short answer MFG Petra
Your employer is allowed to ask for a proof of your absence, but he has no right to know your exact illness (exception: special contagious diseases). However, you must provide a certificate. However, you must not suffer any disadvantage from this, unless you are sick for more than 6 weeks each year for two years (calculated per year) and there is no prospect of recovery.
Hello Since the middle of January I am sick, 6 weeks my company has given me money then after pays me health insurance. In between I got termination of employment. My boss has not sent a sick pay certificate to the health insurance company. My question is in soft legal time my boss must send this?From 02.03.17 pay me health insurance but money I have not taken because of certificate. Thank you
Your former employer is obligated to provide the health insurance company with the corresponding data. At the latest six weeks after the end of the employment relationship the information must be transmitted. If he does not do this even when asked again, contact an attorney for labor law. You can also be informed about further measures at the employment office.
Is the employer allowed to dictate how the sick leave must be reported (ex. by telephone) ?
Is he allowed to give a warning for this reason, if the notification was made via an equivalent channel ?
an employer is actually allowed to dictate under what circumstances sick leave must be taken. warnings are possible if contractual obligations are increasingly ignored.
My employer requires a prognosis from my doctor regarding my health. of my course of illness. Am I obliged to provide this?
if you are on sick leave, you must inform your employer about the expected duration of your illness and the resulting absenteeism. This is done by the certificate of incapacity for work from the attending physician. However, you do not normally have to tell your employer what you are ill with (only in the case of seriously contagious diseases should the employer be informed). If he inquires about it, you do not have to answer him about it.
If one reads here the questions of the "poor" disadvantaged coworkers of the enterprises, comes one however simply the bile up. Physiotherapy appointments can also be scheduled after regular working hours. They are planned for a long time in advance! Discussions about whether the employer should have received the sick bill already on 1. Day of illness can require? Where is the problem? If you are really sick, have received a proper sick note from your doctor, you can hand it in right away after all? No? There is something wrong with the employee's attitude! These people are the first to scream for correct payment. The employer has recently demanded that the sick leave notification be submitted on 1. Day should be present? Why probably? If he suspects or has even had the experience that a sick day is often inserted? An employee finds it outrageous that the employer demands a health check-up after a long period of illness? This will demand this only if there is a suspicion that something is not "clean" here. Basically I would like to comment on this: Those who are really sick should also be protected financially and of course receive their continued pay. That is clear. Correct. No reasonable AG will see it differently. Time for recovery and precautionary measures to protect the employee's working capacity and performance are equally desirable and thus also protect the company. But perhaps the workers of the previous questions once think about the consequences of unlawful sick leave and absenteeism! They damage the company u. U. massive! Orders can not be executed on time, sometimes quite large financial burdens arise for the company, which then endanger the jobs of a l l e r employees. In addition, as a rule, colleagues have to help absorb the loss of working hours. Very nice when the feeling arises that there is a colleague who is just exploiting the social system here! So, think in the future quietly about it, whether you can understand not also the entrepreneur a little bit! Being sick, curing it in peace? Yes, absolutely. This is important and right. Really ill employees do not want to let a proper boss work in the company. (There will certainly be dubious AGs, but as it is presented here, that is not the majority!) Unnecessary, because avoidable days of absence due to wrong attitude and planning (appointments that are possible after hours) ? No, definitely no. Grumbling about demand of the AG, the sick leave already on 1. day? Please! If you are sick, it does not matter! The AG must be able to plan! And do you then waive payment for the days not reported/excused? Certainly not! So, always stay in balance. He who gives, also gets!
There I give you more than right. Nice that someone says it! Thank you
Good morning I would like to know if I am allowed to go to work/vocational school with sick leave.
Kind regards Gabriella
You may work, even if you have a current sick note. However, your employer has the right or. the duty of care to send you back home when you are obviously not yet able to return to work.
I have been on sick leave for four weeks. I was contacted in this by my superiors resp. I have informed him about the current state of affairs. I was asked in this connection several times in which professional direction it goes in the future. My question now is, how am I protected if I resume work in the next two weeks? Is it possible that I get the dismissal immediately after the start of work. I have been with the company for six months and have no probationary period. with permanent employment contract.
Thanks for the info anonymous
In the case of longer periods of illness, employers may well react by dismissing the employee. However, you have then the possibility to present a dismissal protection complaint. A lawyer for labor law can advise you on this.
Hello, if I start my service, but in the course of the day I realize that it is no longer possible and go home because of illness. Can the employer then write me the remaining hours as minus hours? I work in a nursery and there it is often so that one drags oneself in the morning to not leave the colleagues alone with the children, especially when there is a shortage of staff. Is it arbitrariness of the employer or the management ? Thanks already
If nothing else is noted in the employment contract, it can come here quite to minus hours. You can avoid this, however, by taking a proper sick leave for the missing working time. In this case you are not allowed to deduct working hours.
Hello have a big problem with the company of my partner. The requested certificates for the health insurance companies were only ied under prere. Submitting inquiries to the health insurance company. However, the data on gross wages were incorrectly transmitted. Worked in the requested period over 200 hours. This would also be a gross of over 3000 euros. Plus the vacation pay and the calculation of one-time payments for the last 12 months. However, the payroll office has simply written hours on the AZK. This minus in gross also so to the health insurance company transmitted. Is this legal, because I have read something else in another forum. It says. The earned gross must be indicated. The person from the health insurance said he can not do anything, although he has the payroll available. That can't be, how can I pay my rent??? With regards Nadine
Contact a lawyer for labor law with your problem and the available pay slips. This can advise you on the legality. Unfortunately, we cannot understand the process.
If I go to work for days during a sick leave, z.B. go to a meeting. What could be the problems? Susanne
Hello Susanne, a sick leave is not automatically equivalent to a ban on working. It is therefore allowed to work despite sick leave. There are no effects on the insurance protection from it. However, you should bear in mind that in such a case your employer has the right to send you home again if you appear at work despite sick leave.
I have been on sick leave for 4 months with a disease of the cervical spine (wear and tear). After a 4 week rehab it is clear that I can not continue to exercise my profession. A transfer to another job in the company is not possible. When do I have to inform my employer about my permanent illness??
You are obliged to inform your employer as soon as possible about the duration of your illness. Otherwise it can come for example to a warning.
Your team of employment contract. I am since 30 years Altenpflerin. Am in this retirement home for 7 years. Have started in the three-shift system. and now work for 6 years in the night service. My employment contract was but on the part of the employer vwrgesseen to change, although I have said it again and again. Had 3 operations. Was sick for 3 months. I was hired as a full employee. Nunkam I from the sick again and the new PDL opened me, that I from now on only 123 hours. should work. And this 12 nights and 3 late shifts. I am already a pensioner (69 years). I like to work very much. However, the employer has hired a 450 Euro employee for night duty.(care assistant) Bekomme niur a mediocre pension. I am in very good health again. Have a loss of 600 euros a month. PDL says he has a supervisory duty over my situation. Is the employer not also to blame for not changing my employment contract, especially as I have repeatedly pointed out to him that. By this new PDL it has become afCHES cHAOS: eR WRITE I AM YOUR cHEF. Do I have to put up with it just half night. to do half late duty? As the late shift is too hard for me,
please contact a lawyer who can help you further. He can see your employment contract. Enforce your claim.
Your team of employment contract. I have been on sick leave for 5 days. Would have had to work 9 h each day. The working time of 6:30 – 16:00 is agreed with my boss and it is also on the duty roster. The actual shift goes from 6:30 a.m. – 2 p.m.
Now my question: Does my boss have to charge me for the 9 h??
probably only the actual shift time is paid. Contact a lawyer who can advise you comprehensively.
Dear team from the employment contract.org,
my father is unable to work for a longer period ( 4-6 weeks) because of BS incidents in the cervical spine for the third time in 3 years. After the last op, current AU, the prognosis is good that he can continue to work normally.
He is an employed site manager in a company in Dresden, 180 km from his home, and is on assembly all over Germany.
Now he got a call with an ultimatum saying if he does not come back in the next few days he will be transferred to the hall. He should also bring the company car to Dresden on Monday and deliver laptop to the cell phone.
Now we are all shocked and wonder if such a thing is feasible ins rechttens. What should my father do now.
Thanks for your help!
for this you have to look in the employment contract, what is valid in case of work prevention. But the best thing to do is to contact a lawyer who can check it out.
I work for the General Accident Insurance Institution (main office in 20. District). Due to my Hashimoto's disease they did not accept a job application from me (although in the opinion of some people I talked to about it and my own opinion I would have been the best choice for it).
The problem is, what can you do against a supervisor when you are "screwed"? I can't even describe how I hate this person. I am missing money every month because of a wrong decision.
in your case it is not a disease, but not a disability. Therefore, applications do not have to be given preference with other applicants if they are equally qualified. The company can decide for itself which applicant will be invited to the interview and who not.
Sorry, I have a different opinion. For me this is a case of discrimination. It's hard to describe in words. If you are affected by it yourself, you know that something is rotten here.
I know by now that the reason given to me why I am not allowed to apply is a lie. If someone is cheated because he is sick – but if he had been healthy he would have got the job, that is not okay.
I think most people are able to distinguish whether they have been treated fairly or unfairly in such a case. I am. And when I think about the fact that I have been handled in such a way I get the feeling of hatred.
That's why I try not to think about it. The best solution for me would be another job – but unfortunately that can't be done overnight. I believe that only then the feeling will disappear and I will become more balanced again.
An employee's reaction sometimes also suggests why an employer did not decide this or that in the way an employee would have liked.
My question, in the employment contract says during the vacation period my employment is suspended, the first week I took vacation as well as the last also… my question, for the time in the middle of it I am on sick leave. Do I get a wage payment for this time? Thank you for your reply
you should have received vacation pay for the time of your vacation. For the time in between you are not entitled to salary, if the employment is suspended. If in doubt, check with a lawyer.
I again from the AUVA.
My application was declared invalid, to be exact – means as much as it does not exist in the files. Actually a case for the works council, or? However, I would probably not be able to do my current job after this step.
I "would have" to leave the department, which I would like to do anyway. It is a crystal clear case of discrimination I find. Colleagues of mine are also of this opinion.
I work as a nurse in a special clinic in Dec.16 I would be sick ( Op varicose veins) I have also reported it before Op. After the illness in January, to my surprise, in December I have -51 hours. That is not right. And despite the fact that I have always asked nothing has been done until today, no we or does not want to talk to me about it. That's my money and we don't have any pay slips, the money comes in but we can't look at it ourselves. Thanks Drahus
I was in Dec. Sick leave, varicose vein surgery, and to my surprise I got 51- hours included after that. Since January 2017 I have also not received a pay slip, this is also not correct, the money comes but I have no control. And I had to work my minus hours? That is still correct what can I do? Thanks Drahus
because of a sick leave you must not be credited with minus hours. Talk best with your boss. Try to sort out the problem. If in doubt, consult a lawyer.
Dear team I am a waitress and 10 days ago I knocked out an incisor. Now I am in permanent treatment and it is certain that all teeth in the upper jaw must be extracted. Since then I am on sick leave. My employer told me in no uncertain terms that I am lazy sick and a missing tooth would not be a reason for a sick leave. The treatment will take months. I can not go to the guests like this. The employment relationship is limited until 31.12. Temporary. How do I behave?
Hello Elke, in this case you should contact a lawyer for labor law, he can evaluate your case better and more accurately.
I have a small question, I took a mini-job at the end of July, this runs limited until the end of November and I have "applied" for a contract extension. Now I got sick. Have taken sick leave for three days. I have submitted a certificate of incapacity for work to my employer and also to the health insurance company. In addition, you should know that I work in shifts, with us it is also possible to swap shifts with a colleague, if something comes up. However, I have never taken advantage of this "privilege" as I have always set my shifts so that it works for me time-wise. This was also always approved by the boss. Now I just wanted to know if the sick leave also neg. can have an effect on the possible extension of the contract.
the employee must not suffer any disadvantages from sick leave.
Hello dear team,
I have a fixed-term employment contract from mid-July 2017 to 31.01.2018. Now I have applied on 11.11.Injured in 2017 – tore the cruciate ligament. I am now since the 13.11.17 sick leave…on 13.12.In 2017 I had a knee surgery and after that approx. 4-6 weeks of regeneration. D.h. I will work, if at all, only a few more days at the AG. Today, the AG has given me a termination agreement to 30.11.17 "offered. What should I do? Is there also a six-week pay continuation obligation for such short contracts?. After that an obligation to pay sick pay by the health insurance company? It would be nice if I get advice. Thank you very much.
the work contract.Unfortunately, org team is not allowed to offer legal advice, which would be necessary in your case. We therefore recommend that you seek the advice of a lawyer before you sign the aulosungsvertrag. Recently my mother had a short term surgery on her chest. After several examinations she must be treated with chemotherapy.
I would like to know if you are entitled to special leave, paid holidays and how this ie is regulated in the labor law. She lives in Spain and has to get regular therapy every 3 weeks. Until then, thank you in advance. Wait for your news.
in the law on care there are provisions that regulate leave from work for the purpose of caring for relatives. Inform your employer as soon as possible. Apply for a longer leave from work. There are regulations for continued payment of wages during the care period depending on the employment relationship. Under certain circumstances, special regulations apply to relatives abroad.
Hello with me the case is so that I had a sick note this also to my employer have sent allegedly it never arrived there so that one has credited me for the sick days minus hours. After a long time trying to reach someone there it worked I then to my doctor. My sick note again fetched because health insurance has also received it. Now I've been waiting three weeks for the rest of my wages and I'm always getting screwed. How long do I have to be patient or can I take other steps since they stopped responding to calls or emails there yesterday too…
in your case it would be advisable to contact a lawyer. Proof of receipt of the sick leave would also be helpful.
I am z.Z. sick leave for one week. I work 3 days a week. The AG now demands that I have to work the days not worked. Is this legal? Are there any specific paragraphs for this? Thanks in advance.
Please contact a lawyer for labor law, to check whether your employer is behaving correctly here. We ourselves from employment contract.org is unfortunately not allowed to offer legal advice.
Hello, Have the following problem, namely I am since 01.01.2108 permanently employed with an 18-month fixed-term employment contract. I went to the hospital on February 8 because of a kidney colic or stone, and was on sick leave until March 9 because of a mini-op. Tried to work for 2 days, but very much in pain after 2 to 3 hours. And I have to go back on sick leave until my 2nd surgery date on march 28th when the stone and splint will be removed. Will be there from 28 to 30 March in the hospital and then dismissed. Is of course a long period of 2 months that I'm sick and I'm afraid of dismissal. Does anyone know what it looks like?
during an illness without fault there is protection against dismissal. In case of doubt you can contact a lawyer for labor law.
In the company where I work we are open from Monday to Saturday but still have a 5 day week. How these days are distributed over the week is planned a month in advance. If an employee is sick from Monday to Wednesday, but Tuesday would have been the day off, does he get the day off back (like a vacation day) or is he "unlucky" and has to work the remaining three days normally?? Thanks in advance
How your company deals with the reimbursement of vacation days can be told to you in the personnel department. For a legal opinion you can contact a lawyer for labor rights.
Hello, I am since the 3 january sick written. Had back pain. Have been to the doctor. The has referred me to the hospital to make x-ray photo. Have been to the doctor and he has referred me to the hospital to have x-ray photo made. Findings are wear and tear. The doctor said if I continue like this I can come within 5 to 10 years in a wheelchair…but in the 5 sick week I got really much effusion in the knee…and could not walk. Until now I am still busy with examinations. Last week I wanted to start again for 4 std a day with agreement from doctor. But my employer does not want that was his answer..makes no sense.. The employer has paid me 6 weeks through but I am missing the month of February. And the health insurance takes over from 12.03 2018. Does my employer have to pay me the back pay or do I have no claim?
A lawyer for labor rights can help you to assess your situation.
Hello, I have been unable to work since October 2017 due to a serious back illness. In December I had to go to the MDK on the initiative of my employer, who confirmed my illness. Now my employer would like to have a certificate from the doctor treating me stating whether further permanent health restrictions and absences due to illness are to be expected in the future and whether I will be able to return to my job in the foreseeable future. I brought this up with my doctor who said "Tell your boss I said hello but a doctor is not a psychic". How should I act now? Greetings Oliver
Normally the doctor should be able to estimate the expected duration of a longer incapacity for work. Only a lawyer can tell you whether the employer may or must ie a certificate as described by you.
Dear team, are there legal templates that oblige the employee to report back from illness? Or may this simply reappear at work? As an AG you have to be able to plan in some way. Anticipatory notice of the AN also legal in case of further illness..? Thanks for an answer.
As a rule, the employee indicates the expected duration of the illness. As far as we know, there is no obligation to report back after an illness. Whether you are allowed to demand such a notification, can only be told by a lawyer for labor law, since we are not allowed to offer legal advice.
Hello, I have an employment contract with an employee leasing company with a basic salary of, say, 2000€ gross (always month meant). And a supplementary agreement stating that if I work for a certain customer, I will receive a "mission-related allowance" of, let's say, 2000€ gross. And it says: "During the period of non-employment, the tariff salary […] is paid in the amount of 2000€." I was hired for this assignment and 100% of the time I had worked for this customer.
Concrete question: In the event of illness, the employer must pay only the basic salary or also the assignment-related allowance?
Thank you and best regards, Tobias H. [edited by editor]
According to the law, the employee is entitled to continued payment of wages for up to six weeks in the event of illness. If in doubt, consult a lawyer for labor law.
Good day, I had a foot surgery. After 6 weeks I have to wear the orthosis with crutches for another 2 weeks, so I am not mobile, I am not allowed to drive a car. At work, I would also be very limited. The full salary continuation takes place after 6 weeks no more. Now my question: may I in the other 2 weeks my accumulated overtime at a stretch to settle? Many thanks in advance for the advice.
when and how you can accrue overtime, you have to clarify with your employer. There is no legal regulation here.
At the end of April I crashed my bike on the way to work. In the process I have had a key leg breakage. I was operated at the beginning of May. I am now up to 21. June sick leave. Further weeks can also still come in addition…
Before my accident had quit my job, because I have a new employment contract to 01. June had.
How should I act against my new employer, because on 1. June can not be present? I am now sick for 5 weeks with my old employer. Will get my full salary. But what about the 6. Weeks ? as I should already be at the new employer.
Can I be dismissed by new AG? Your case is quite complex. Needs a detailed examination. However, this is only possible within the framework of a legal consultation, which we are not allowed to offer. A lawyer can help you here.
Hello, from 14.02 until the end of may I was on sick leave. The first 6 weeks were paid by my employer, after that I got sick pay from the insurance company. At the beginning of June, I had no more sick leave and went back to work. After 2h of work I could not work anymore because of dizziness, headaches etc. (I have tinnitus and work as a bricklayer) and went home again. If I am sick again, will my employer pay the sick pay again or will the health insurance company continue to pay the sick pay??
you can find out from your health insurance company. The jurisprudence shows that this depends on the individual case. For example, the employer may no longer pay you if you have the same illness as before when you report sick again.
Hello…:-), a short question regarding an "invitation" to an examination for the purpose of fitness for work – TVoD: does an employee have to attend this appointment if he is already healthy again at the time of the appointment?? Or is it exactly the same as with the MDK – the appointment is invalid if you report sick?
Thank you very much and kind regards Monreal
it may be that this invitation is still valid for you. To be on the safe side, ask again if you should still keep the appointment.
Hello, the following problem: I was on sick leave for 6 weeks in November because of my knee, now in June I was on sick leave for four weeks because of my knee. And now my employer says that my salary must be paid by the health insurance. Lg Pina
if it is the same illness as the first time, the health insurance continues to pay (after six weeks).
Hello I had a small question, I was on sick leave from 15.June to 22 July sick leave, 5 weeks ! because of stress etc I have lost my mother 6 months ago! I worked on 23 July until 3 August (2 weeks) now I realize that I still need time. I want 2 more weeks sick! My question do I receive my salary from my employer normally or from the health insurance? ? Lf
You get a total of six weeks of continued payment of wages in the event of illness from your employer. After that the health insurance will take over. In your case it would be a continuation illness, if you receive again a certificate of incapacity for work because of the first illness. In this case, there is no new entitlement to continued payment of wages. You would therefore still receive a salary from your employer for one week, from the seventh week onwards the health insurance company would pay sick pay.
Hello wanted Saturday off, then got sick on Wednesday and doctor wrote sick until next Tuesday. I called the employer and the boss insinuated that I was taking sick leave because I didn't get any time off. I get a letter to the personnel interview. How should I act?
a doctor's sick note initially carries a considerable burden of proof. To prove otherwise, the employer would have to be able to shake these. Furthermore, we can not give advice on legal steps in the individual situation, we have no authority to do so. In case of emergency, we would recommend you to contact a lawyer for labor law, who can help you with advice and support.
hello I have a question . My husband became ill during his vacation and immediately went to the doctor and was then from Thursday to next week including Saturday sick leave . that means 9 days because my husband works in a warehouse where they also have to work on Saturdays, they have a rolling day once a week . now the company has deducted one day as a minus with him . despite sick leave. when my husband asked he got the answer that this is legal and why if the doctor writes him full sick for the whole time .
Sick leave should not normally be allowed to result in minus hours. We would recommend that you seek advice and guidance from an employment lawyer on this matter.
Hi, I am taking over a business and there is a permanent employee but she has been sick for more than 6 weeks this year. Do I have to sign a new employment contract with her or take over the old one?? Is she then entitled to 6 weeks of continued pay again if she continues to be ill? What do I have to do to terminate it as soon as possible? I have nothing against them, but have too many other part time employees who are almost never sick. Thanks in advance.
please understand that we are not authorized to offer free legal advice. Contact an attorney for labor law with your concerns.
Hello, I work as a hotel manageress, I am employed (4days) 26hours/week, and now I got sick on a Sunday I had off. My doctor has me from Monday (which I also have off) to einsl. Friday CALLED SICK that is five days, now my boss wants me to come to work Sa u Su ind this week. If I see this correctly then this is overtime for me since I only work for 26. I am employed one hour per week, correct?
Hello Kristina W.,
if you usually work flexible hours throughout the week, this should not result in overtime. If in doubt, contact an attorney for labor law.
Hello. Am I still entitled to my 2 days off despite being sick for 5 days…???
No vacation days may be deducted from your time off due to sick leave.
Hello dear team of employment contract.org
Maybe you can answer my question.
I was on sick leave for 7 days and was not in the store during this time (gastronomy Mo-Su) There was no duty roster for the week ready yet.
Now my employer wants to pay only 5 of the sick days, since regular 2 days off would be scheduled. (which rarely works, however, because there is a lot to do and sometimes I have worked without time off) Can he do it this way? Or should the 7 sick days be counted?
in general, those days should be paid, which would have existed according to the duty roster (resp. according to the service plan, if you had not called in sick). If you have any doubts, please consult an employment lawyer.
Hello My wife has had her drooping eyelids removed from both eyes at her own expense, as the situation has put a psychological strain on her. The request for an AU for the 14 days of wound healing was not complied with by the attending physician, since according to her interpretation it was a cosmetic operation. Accordingly, the 14 days of wound healing were accounted for with recuperation leave. In my opinion she would have been entitled to AU. Who is right?
Whether or not an AU should be pronounced for wound healing is at the discretion of the treating physician. However, you might want to consult with an employment lawyer about this again.
Hello, do you have to report to the employer if the incapacity is not prolonged or is it as I think natural that you come back to work after the au if you do not report? In case of prolongation it is self-evident that this must be communicated immediately.
it is natural to return to work when your AU is no longer valid and you are no longer ill.
Hello, I would also have a question about this. If one is z. B. until eischl. Fri / Sat or Sunday is sick leave, the employer may require the employee already on Friday a statement whether / that he will return to work on Monday?! Thank you for a reply.
the employer may certainly require an assessment based on the physician's prognosis.
I have a question. I am a nurse's aide and most of the time I have been working only in night duty for 2 years. Now I have to operate meniscus. I will be sick for 6 weeks. My question is does my employer take me out completely won night what I do not want. Or should I go to doctor. Take a confirmation that I remain in night duty. Thank you very much
it also depends on what is written in your employment contract regarding. of your shift is agreed. Is it agreed there that you work only the night shift, your employer should not be allowed to change this. But is there a flexible schedule set, your supervisor has the authority to do so. However, he must also take into account the interests of the employees when arranging the shifts. If there is a medical reason why you should only work at night, your employer should take this into account in his decision. A frank discussion with the employer is advisable.
Your team from work contract. I have started a new job in a day care center. Was sick more often during the probationary period. But the longer than at most times 5 days. On the one hand, they have now extended my trial period, but on the other hand, they have now simply not transferred my salary for November, as I have probably been absent too often and should now apply for sick pay. As I said, I was sick more often, but that was due to the fact that the children are often brought there completely sick and I then catch the disease! I am also a bit surprised that it seems to be legal that then simply a complete monthly salary is missing without notice. Is it all right? Many thanks for a reply. Caro
the monthly salary you should get. You do not have to apply for sick pay until you have been absent for more than six weeks due to one and the same illness. An extension of the probationary period may be justified if you have been sick so often that your superiors have not been able to form a sufficient picture of your abilities. You can seek advice from a labor lawyer in both cases.
Your team of employment contract. I am hospital since February 2017. Paid according to the public service. Since 10.08.18 I have been excluded from the health insurance and since then I am unemployed. When I am healthy again I will go back to work. The only problem is that on 1.1.19 we have a new distributor at work. I am now concerned about the vacation 2018. That would be another 14 days I mean. I called my ex-boss this morning and he said I was not entitled to the vacation because I did not work a day in 2028. Is this correct.?
I have the following question: I can be sick for two days without AU, but I have night duties from today to tomorrow and from tomorrow to Wednesday morning. Count these then as two or three days sick? I have read that only the day counts, on which the shift is started.
After a meeting, the boss (doctor's office) stated that after illness (per missing day) 2 hours of rework must be done (free of charge)!
What is the legal basis.
Hello Mario, please contact a lawyer. This can explain to you the legal situation including the valid legal bases. We, on the other hand, do not offer legal advice.
Dear team, I also have a question… is there a special legal regulation in case of a warning if you did not bring the sick note to the post office in time because of high fever? had me Friday in the office sick, could only Monday to the doctor because this Friday for the purpose of training had closed. The sick note was sent by mail on Tuesday, but according to the contract it should be handed in on the following day
§ 5 Abs. 1 EntgFG states the following:
"The employee is obliged to immediately notify the employer of the inability to work and its expected duration. If the incapacity for work lasts longer than three calendar days, the employee must submit a medical certificate confirming the existence of the incapacity for work and its expected duration no later than the following working day. The employer is entitled to demand the presentation of the medical certificate earlier. […]"
I have a question: I have been with a new company for 2 weeks. Unfortunately, I was so sick in the second week that I could only keep the bed. I promptly gave the certificate that I was sick for one week. Now I have received a termination agreement from my employer while I am still on sick leave. Is he allowed to do this from a purely legal point of view? Especially since he has set the deadline to two days
Hello Sofia, please contact a lawyer with your request. We do not offer legal advice and therefore may not judge whether there behavior of the employer in the individual case was legally correct.
Had a well-paid job as a foreman in a larger construction company, unfortunately, must exercise another job within my company due to illness.Question: will my hourly wage be adjusted ?
Hello Ludwig, you should discuss this directly with your employer.
Good day I am at the moment in a quit contract, I have personally quit, now I was 2 days sick. Unfortunately, now my employer demands that I work off these 2 days as overtime. In our contract it says that you may be sick within a year "only" 5 days, if you are sick more they are deducted from the vacations or overtime. May an employer?
Hello Meyer, § 3 Abs. 1 EntgFG states in this regard:
(1) If an employee is prevented from working due to incapacity to work as a result of illness without being at fault, he shall be entitled to continued payment of remuneration in the event of illness by the employer for the period of incapacity to work up to a duration of six weeks.
I am a foreign student and work beside my studies at Kaufland in the empties department and have a permanent contract . I now have a medical certificate that alcohol odor leads to frequent migraine headaches . Empty work because my life here depends on my studies. I can not study with a headache. My boss wants to change my workplace but works council doesn't do that and doesn't accept there . My boss said that they do not like me. I do not know the people at the works council . what do I have to do?
please understand that we are not allowed to give legal advice. First of all we can only suggest you to contact the works council and ask for the reason. Furthermore, there is still the possibility to be advised by a lawyer for labor law.
Indigent people who cannot afford a lawyer have the possibility to apply for a counseling aid certificate at the district court. This costs 15 euros. You will not have to pay any legal fees for this. Sometimes welfare organizations or non-profit institutions offer free counseling.
Hello, my colleague is incapacitated for work for a longer period of time (less than 6 weeks). Over Whitsun she would have actually vacation, I know also that she goes away nevertheless (is not harmful for the recovery). I don't know if the employer knows that she is going on vacation anyway. What happens to the already approved vacation days during the AU? Does she normally get that credited back since she has a sick note for that time? Or does this count as vacation, since she uses it?? Thank you!
the approved vacation days during a certificate of incapacity for work are usually credited.
I am in a bad situation,
I had the contract until 30.04. 2019 signed. My net monthly income is 1330 euro. It was a fixed term contract. I have been a member since 26.04.been on sick leave in 2019. The company sent me a note. where it was written that I bit 11.05. I am registered with the company in 2019 and I am obligated to work and it is a vacation benefit. The accountant said that I have no right to end the contract.After 11.05 I should apply to AMS or WGKK because of the sick leave. I have informed the company that I am on sick leave. Bite 11. 05 did not get any money for sick leave only vacation payment. From 12.05. until 02.06 WGKK paid me only 29 Euro per day. I think it can not be that I report sick leave to company and you do nothing at all. How is it actually ? Should I apply for AK ?
please understand that we are not authorized to offer free legal advice resp. to assess your legal situation, which seems quite complicated. We therefore advise you to contact an employment lawyer who can advise and if necessary represent you.
Hello! If a fitter injures his foot and gives a certificate of incapacity for work, can the boss demand that he works in the office if he picks up the employee in the morning and also drives him home in the evening?
Hello, I have been assigned to duty on the weekend Sat and Sun and would have had compensation for it Mon and Tue. I got sick on Fr. Could not work the weekend. May I be deprived of the compensation afterwards, because I was not present on the weekend? I find nothing in the Working Hours Act.
Hello, I have a question. For one year I am 75% on standby duty. During the week. On the weekend. Mainly at night. This one year I do to be there for my son during the day before he goes to kindergarten. I had injured myself on duty. Was sick leave for 3 weeks. My employer was so free and deducted all my overtime and now I am 10 hours in the minus. May my employer? Or can I go against it? Thanks a lot. Kind regards. Sabrina T.
If an employee is on sick leave, his sick days are usually not allowed to be deducted from the overtime hours. We recommend that you contact an attorney for labor law.
Time a question am written for three weeks sick because of surgery. The next one is in September where I will be sick again for about 8 weeks. Boss requires me to report to the company every month, is that legal??
One question: In my employment contract it says that I have to submit the yellow slip after the third day. Now just a mail came around within the agency that it would be from now on so that it is already after the first day to submit. Is an employer allowed to disregard the signed contract in this context and just fix it by mail?
The following question: I work 3 days a week, Tuesdays to Thursdays. I am now from Tuesday up to and including next Tuesday (so 8 days) sick leave. I feel now, as of Friday, fit for work again. Do I have to inform the employer immediately or on Monday that I want to work again on Tuesday?? How many sick days would then be deducted from me? (Tuesday, Wednesday, Thursday)? Or more?
Hello, I can accept a job. This would be contractually regulated with 10 hours a week. I was told that there are but more actually worked. Which is good for me, because I want to work min 20 hours. Now my question: how is it when I or my daughter are sick with the remuneration? Do I actually get paid only the 10 hours in case of illness?? About an answer I would be very grateful
Hello, I have worked for 5.5 months (15.04. – 30.09.) worked on a mini-job basis and directly after (since 1.10.) signed a new employment contract as a working student with the same employer. Now I was sick for two weeks in October. Am I entitled to continued payment of wages, since I was already employed by the same employer in advance?
Hi, my boss requires me to attend a Skype meeting from home even though I am on sick leave. I participated, of course, because I am afraid to oppose it. I am dependent on my job. Is this allowed? Thanks in advance for the answer.
according to my employment contract I have to work on 3. I have a sick note for the first day. This was now simply changed to the first day.
I understand that under certain conditions sick leave can also be required sooner, but can it just be completely switched around like that?
Thank you Manuela
Hello I had on days off after six weeks of illness no sick leave, do I still get sick pay?
Hello! Have recently had an OP thermin, knee prosthesis. Unfortunately, I signed a new employment contract two weeks prior to that ! When the new contract starts I am on sick leave, can the employer terminate me then?? (notice period) Thank you very much
Have there times ne question.my girlfriend is doing an in-service training as a kindergarten teacher at [edit. v. d. Red.] Now she has been sick for three days.unexpectedly now came out that the sick days must be worked after.can be the so what.she can not help it if she is sick but will be punished.Now she does not dare to make a sick bill because she can never in her life work out the sick days again.
Hello, I have been on sick leave for three months now and my boss is not very enthusiastic about it and wanted me to talk to him, even though I have called in sick as stated in my contract and submitted the sickness certificate. So that my boss was always informed. Now an operation is due in two months. When do I have to inform my employer. I will continue to be on sick leave until then. I will also be absent for a few weeks after that. I am afraid how my boss will react, because he has not reacted very understandably and has also asked if it would not be possible to come to work.
Hello I am 100% employed. Due to a cervical spine surgery but 50% sick written. I work in a retirement home. Thanks to Corona is now staff shortage. D.h. that I work 70% despite 50% incapacity. My employer now told me that I have worked 20% for free and get neither overtime, nor money for the extra work. Is that correct?? Thanks for the answer LG Doreen
Hello all. One question. Will sick days from previous year be added to current same sickness 2021 ?
Hello everyone, I am in my second year of probation at a company where I work 35 hours a week. for the month of February they have scheduled me only for two weeks, first I thought it was a mistake, then I noticed by phone that in February currently have less work. Since I have never been in such a situation, I would like to ask you who will pay me for the two weeks I am not working?? I would have expected from the company at least some details to whom I should turn ,u.s.w. I get at the end of the month only half or do they still have to pay me the two weeks where I am not on duty. In addition, I can afford with 1100-1200 € net a lawyer badly.
I thank you already.
I have caught a calf muscle strain while hiking. My doctor has given me an expected 4-6 weeks sick leave. Now 2 weeks have passed, and the recovery has made strong progress, so that I would actually be able to work again in a week, so after 3 weeks. At the moment we have very little work, so that one would not be strongly dependent on me. Can I without a guilty conscience, another week "healthy" stay at home?
Good day We have an employee (employment with 90%-pensum), who is already on sick leave for a long time part-time. The daily allowance is now exhausted (after 720 days). He will get a full IV pension from August (IV grade 70%). For the remaining 30% we would like to continue to employ him. How to formulate such a contract? Actually we want to make sure that we don't have to pay again (in case of worsening health condition) 3-6 months of continued pay without receiving daily allowances for it. Could we legally hire him on an hourly wage for as long as his health permits? Thanks for the feedback and greetings
Hello all, so after a car accident (work accident, was in home way), besides total damage to my car I was sick reported, Friday by emergency doctor and all next week by my house doctor (right hand was affected).Already on Friday after I have informed my AG, I was properly announced (I am in probationary period), and AG does not answer my calls and emails, in which shift I have to be in last week of employment.How do I have to react?MFG,
Hello, I am since 1 1/2 year on sick leave because of severe depression now I'm at the reintegration and my boss has now told me that they must change my contract so me of 28std. To 20std. week… My question is whether this is possible??