Sick before vacation what are my rights as an employee-

Sick before vacation: What rights do I have as an employee?? You between illness. Have to work on vacation. employees after an illness. Work before vacation comes.

As an employee, you can therefore in principle after a sick leave seamlessly start your approved vacation.

In the case of Sick leave itself there are no particularities to be considered, even if it takes place before the leave.

Sick before vacation: Are there any special requirements for sick leave??

Those who become ill before taking their vacation may be required to take a leave of absence, depending on the internal company guidelines report sick. These are often in the Employment contract fixed and can deviate from the legal requirements. Even if you fall ill shortly before your vacation, you don't have to pay special attention to the sick note.

Sick note: Immediately to the doctor or only on the third day?

The procedure when employees become ill varies from company to company different. Some employers require a medical certificate confirming the employee's inability to work on the first day of sick leave. In most other companies, employees can take up to three days without a medical certificate stay at home if they think they are too sick to work. Only from the third day of illness, they must submit a medical certificate.

form of the sick note

Also, the way in which the employee reports sick to the employer is different regulated. Some companies require that the person call in person. Other is enough to send an e-mail. In any case, the informal notification of illness should be made as far as possible in the early take place. Also an indication of the Duration of the absence from work is helpful, so that employers and colleagues can adjust to the missing work performance.

The legal basis: The Continued Payment of Remuneration Act

§ 5 Obligation to notify and provide evidence

(1) The employee is obliged to notify the employer immediately 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 stating 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 submission of the medical certificate earlier. If the incapacity for work lasts longer than stated in the certificate, the employee is obliged to submit a new medical certificate […] (source).

Expert Tip:

"A Sick leave is not a ban on work. If you feel well, you can return to work – contrary to the rumor that this is not allowed. Problems can arise, however, with the Accident insurance give if you have an accident on the way to work. If sick pay is already being received, the Health insurance informed be informed that work has resumed."

sick before leave what rights do i have as an employee

When vacation follows illness: What rights do employees have? Do I have to distinguish between sick leave. Vacation go to work?A common misconception, both on the part of the employer, as well as among employees is the amption that you can not go directly after an illness in the vacation. However wrong. There is no legal provision prohibiting seamless commencement of approved leave after an illness. Some employers require their employees to come to work for at least one day after an illness before they are allowed to take their leave. However, they have no right to do so. Affected employees may in such a case notify the employer prior to the Labor court action. An employment protection insurance is useful here.

Can the employer cancel the vacation?

In general, the supervisor may refuse leave if there are urgent operational reasons or if the leave wishes of other employees have to be given priority. However, once the leave has been approved, the employer can not so easy to revoke. This also applies if the employee falls ill after the permission has been granted until the vacation begins.

Covering the costs of a legal dispute

If there are problems with the employer, in some cases the only solution is to go to a lawyer or to court. A special Employment protection insurance Can support you financially if you take it out in good time. Compare current rates now. Conclude the best offer quite simply online.

Compare employment protection insurance now and take out directly online

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Child sick before vacation: do I still have to go to work?

If an employee has to stay at home because of a sick child, he is theoretically entitled to the same amount of time off Continued payment of wages (§ 616 BGB), as if he himself falls ill. However, this paragraph can be excluded in the employment contract. In such a case the legal health insurance pays in with legally insured ones Sick pay in the amount of about 90 percent of the lost net earnings.

More on the subject of which Rights working parents have if their child falls ill, read here:

May I go on vacation despite sick child?

The same applies to the subsequent leave as if the employee himself had fallen ill. Also in this case the Employer does not require, that the employee before the vacation one or more days comes to work and also an already ied Permission cannot be revoked become.

Which insurance pays if the child falls ill before the vacation trip??

If the child falls ill before the vacation, a planned trip is quickly on the line. An adult can start under circumstances also ill into the vacation. With small children the situation looks differently. In such a case protects a Travel cancellation insurance prevents the insured person from being stuck with the costs. For this pays in the case of withdrawal due to illness. Especially in the case of a short-term travel cancellation (less than a week before departure), high cancellation fees are often due. These correspond as a rule to up to 75 per cent of the original travel costs.


If one becomes ill before his vacation, the sick note is made as usual – always depending on internal company regulations resp. according to the regulations that are stated in the employment contract. Here there are no special features.

But regardless of whether one falls ill before the vacation or not: already granted vacation can be revoked by the employer not canceled again be taken off work just because one was ill and absent before that day. Also may Employers do not require, that one comes to work before the vacation and after the illness again. There is no legal basis for this. If there are violations on the part of the employer, employees can sue in the labor court. Financially protected with a timely concluded Employment protection insurance.

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