Sick on vacation special features obligations regulations

Finally, the long-awaited vacation is here and then it happens: The body goes on strike and a sudden illness ruins all vacation plans. Many employees do not know that they can keep their vacation days in case of illness. But in which cases is this possible? Which conditions must be observed. What is the situation with continued payment of wages in the event of sick leave on vacation? All information on the Federal Leave Act, reporting requirements and sick leave can be found in this article.

Vacation entitlement in case of illness: The current legal situation

According to § 1 of the Federal Leave Act (BUrlG for short), every employee is entitled to recreational leave. This is intended for relaxation. Serve the recovery from work. According to the case law of the Federal Labor Court, only the existence of an employment relationship and the fulfillment of the six-month waiting period according to § 4 BUrlG are prerequisites for the accrual of a vacation entitlement. If an employee falls ill during his or her vacation, § 9 BUrlG applies. It says:

"If an employee falls ill during vacation, the days of incapacity for work, as evidenced by a doctor's certificate, are not counted towards annual vacation."

However, incapacity to work due to illness does not lead to an automatic postponement or extension of the vacation – rather, it ends on the date originally specified. After expiration of the scheduled vacation period, the employee must return to work, the vacation days not used due to illness remain as vacation entitlement.

Caution: The entitlement does not apply to employees who fall ill during the reduction of overtime hours. The latter cannot demand additional time off in lieu for the period of illness (cf. BAG, ruling dated 31.5.1989, Az.: 5 AZR 233/48).

Sick on vacation: How employees behave correctly

Observe obligation to report

Employees who fall ill while on vacation must inform their employer immediately and without culpable delay about their inability to work and its expected duration. This is clear from § 5 para. 1 Continued Payment of Remuneration Act (EFZG for short) hervor.

Visit a doctor

According to § 5 Abs. 2 S. 1 EFZG, employees who fall ill while on vacation must submit a medical certificate of their inability to work and its expected duration. The presentation of a medical certificate is a mandatory requirement for the receipt of the vacation entitlement for the duration of the sick days i.S.d. § 9 BUrlG.

Special features in the event of illness abroad

If an employee becomes incapacitated for work while on vacation abroad, he or she must fulfill particularly comprehensive notification and verification obligations. The employee must inform his employer not only of his incapacity to work and its expected duration, but also of his address at the place of stay, including the possibility of contacting him. A certificate of incapacity for work ied at the place of vacation must be sent to the employer promptly after the employee returns home.

Make up vacation days: Also possible in the case of additional leave and special leave

If the employer and employee agree on additional or special leave that exceeds the statutory minimum leave, this is also interrupted by an incapacity to work due to illness. The days on which the employee is ill shall not be counted towards the vacation.

In the case of a partial vacation entitlement, for example because the employment relationship ends in the first half of the calendar year (§ 5 para. 1a BUrlG), § 9 BUrlG applies. Consequently, the employee is entitled to continued payment of remuneration in accordance with the relevant regulations. This applies both to additional and to special leave.

Note: If the employer and the employee agree that for the duration of the special or. If the employment relationship is suspended during additional leave, however, § 9 BUrlG does not apply.

Notification of illness during vacation: Effects on remuneration

As a general rule, every day of leave on which the employee is sick and unable to work counts as a working day. Consequently, employees who become incapacitated for work during their vacation, according to. § 3 Abs 1. EFZG Entitlement to continued payment of wages for a maximum of six weeks. If the rehabilitation lasts longer, the employee receives sick pay from his or her health insurance fund at the end of the six-week period.

The amount of vacation pay is determined according to. § 11 BUrlG according to the average work earnings which the employee has received in the last 13 weeks before the start of the vacation – with the exception of the wages paid for overtime.

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