In case of illness: what employees need to knowActually, work is piling up, but the skull is buzzing, the nose is running, all limbs are aching – nothing helps but to stay in bed and call in sick. But how do I behave correctly?
From a legal point of view, a sick note must be received by the employer 'without delay'. In concrete terms, this means that every sick employee should let the workplace know as soon as possible, so that the employer can compensate for the loss of working hours if necessary. can compensate.
So if you've caught it, it's best to check in with your boss before you start work. This does not require any special form. You can call in sick by phone, email or text message. However, you should choose the channel that is most likely to reach the supervisor. So, if it is not customary to write short messages to your boss, you should not start doing so when you are sick either.
When do you need a certificate of incapacity for work??
The employer must also be notified immediately of the expected duration of the illness. If you feel ill, you can generally stay away from work for up to three calendar days without having to present a doctor's certificate. However, a medical certificate of incapacity for work must be submitted to the employer on the fourth day at the latest.
But beware! The period of three days refers to calendar days and not to working days. So if you are already ill on Saturday, the certificate of incapacity for work is due on Tuesday at the latest.
Even if it is the usual rule that employees do not have to present a medical certificate until after three days, companies also have the right to demand a medical certificate from the first day of illness. However, special arrangements must be laid down in the contract. If your employment contract does not contain a clause to this effect, you can save yourself the trouble of going to the doctor during the first three days of illness.
Going to the doctor during working hours?
If you have to go to the doctor, it's often difficult to squeeze in a doctor's appointment outside of regular working hours. In general, however, visits to the doctor are considered a private matter. Are therefore to be perceived outside working hours.
However, there are some exceptions that allow a doctor's visit during working hours. Thus, employers are obliged to give their employees time off to see a doctor if the consultation hours fall exclusively within working hours. By the way, the superior may not demand a change of the doctor from his employee. This also applies if the doctor only has consultation hours in the morning and can therefore basically only be visited during working hours:
– If you are acutely ill, you may see a doctor during working hours. – Likewise, anyone who has an examination performed that is tied to a specific time of day, such as a blood draw in a sober state, which is only possible in the morning. – Pregnant women have the right to schedule preventive medical checkups during working hours. In principle, however, appointments outside working hours are preferable in this case as well.
How exactly do I have to inform my employer??
What kind of disease an employee suffers from is a private matter. The certificate of incapacity for work does not contain any information about this. Only the expected duration must be disclosed to the employer.
However, even in this case exceptions prove the rule. In some industries where an employee's illness could have an impact on company matters, such as the care and health sector, the employer must be informed.
Can I work despite a medical certificate??
It is often said that those who are on sick leave – even if they feel healthy again – are not allowed to work. In fact, however, the assertion that you need something like a "health certificate" is false. If you are fit again sooner than expected, you may of course return to work. The days indicated on the medical certificate are only a doctor's prognosis, which can improve as well as worsen.
However, the reverse is also true: if an employee appears sick at work, the boss is perfectly entitled to send him or her home. After all, every employer has a duty of care, which he should fulfill. Apart from that, the losses are worse if a sick employee infects some of his colleagues than if he cures himself at home.
What is allowed during illness?
Illness is not the same as being grounded. Depending on the illness, one can certainly go shopping or for a walk. What the doctor prescribes should be followed, however, because a sick employee should behave in such a way as to get well as soon as possible. So those who have been advised to rest in bed should refrain from the mountain tour, shopping marathon or other, physically demanding activities.
In principle, the following applies in the case of a sick leave: Everything that does not impair recovery may also be done. Who behaves however contrary to this principle, which must count on a warning or even a notice, if the boss of the misbehavior learns.
What applies in the event of illness during vacation?
If you have the misfortune to fall ill while on vacation, you do not lose your vacation entitlement because of it. In this case, the Federal Labor Court has ruled that vacation is considered interrupted for the duration of the illness and the vacation days are credited.
However, also in this case the employer must be informed immediately, as a precaution also the health insurance company. And here, too, it is necessary to have the incapacity for work at the vacation destination certified by a doctor.
How the postponed vacation entitlement is then regulated, the employee should clarify in consultation with the boss.
More and more absences due to illness lead to considerable economic losses. For this reason alone, a responsible. Correct handling of the subject of illness from all sides makes sense.