Reimbursement of sick payYes! The continued payment of wages applies by law to normal employees as well as to mini-jobbers or other temporary workers. Trainees are also entitled to continued payment of wages in the event of illness. The only decisive factor is that you have been in the company for at least 4 weeks. Clauses in the employment contract after it no wage continuation payment gives, are ineffective. (§§ 1, 12 Continuation of Remuneration Act -EFZG-)
How long am I entitled to continued payment of wages?
The employer must continue to pay wages due to the same illness for 6 weeks. After that, the employee may be entitled to sick pay from the health insurance company. If the employee falls ill with another illness, the 6-week period starts all over again, so the employer must continue to pay wages again (§ 3 para. 1 EFZG).
How many hours of continued payment of wages per day or week must be paid?
The employee is to be paid the wages he would have earned if he had worked. Lawyers call this the "loss of pay principle". If the employee has standard working hours, continued payment of wages must be made for these. In the event of changing working hours or shift work, the duty roster is decisive (Federal Labor Court, ruling of 21. 11. 2001 – 5 AZR 296/00 = NZA 2002, 439). It depends on the extent to which the employee would have worked if he had been fit for work . If there is no duty roster (yet), z. B. In case of longer lasting illness, the usual or average working hours of the employee are decisive (§ 4 EFZG).
Example: A part-time employee with a 75% position (30 hours) falls ill in the first two weeks of March. Only for the first week of March, the employer had already written the duty roster, the employee was scheduled for 40 hours per week. In principle, he is now to be remunerated for these 40 hours for the first week of March. For the second week of March, he is only entitled to the 30 hours per week (his usual working hours), since a duty roster had not been written yet. The employee is therefore remunerated for a total of 70 hours. In such cases, employers occasionally invoke § 4 para. 1a EFZG, according to which overtime is not to be remunerated. In the aforementioned example, however, the 40 hours per week were already scheduled as working time by the employer and were therefore the relevant working time.
Are there also holiday bonuses and the like?
In addition to the "normal wage," bonuses, supplements for night or holiday work (Federal Labor Court, ruling of 14.1.2009, 5 AZR 89/08 =BeckRS 2009, 55850) Hardship bonuses, hazard bonuses and performance bonuses continue to be paid in the event of illness. However, bonuses for work actually not performed on Sundays, holidays and at night are not tax-exempt. Thus, it may happen that employee nevertheless receives less net pay.
Not to be paid, however, are wage components that represent a mere reimbursement of costs by the employer, e.g. B. Travel expenses, other reimbursement of travel expenses or costs of meals.
Do I need a "sick bill?
If the illness lasts longer than three calendar days, the employee must submit a medical certificate to the employer by the fourth day at the latest. However, the employer can also demand a medical certificate earlier, even on the first day of illness. However, the employer must continue to pay wages for every illness, even for short illnesses without a doctor's certificate (Sec. 5 Para. 1 EFZG).
What can the employer do if he has doubts??
As just mentioned, the employer can demand a medical certificate from the first day of illness. If he still has doubts, he has further options: He can, for example, refuse continued payment of wages, and the employee would then have to pay the wages if necessary. take legal action before the labor court. However, this procedure is risky for the employer, since courts usually believe the doctor's certificate of sickness. However, the employer can also contact the health insurance company. Ask for a review of the incapacity for work (§ 275 para. 1 No. 3 Social Security Code 5 -SGB V-). This is particularly possible if the employee is frequently on short sick leave or the doctor writes off sick particularly frequently.