Sick leave in Germany. How, when, how much?
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If an employee falls ill, the employer continues to pay him a salary.
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GIVEN THAT:
🔖The employee must certify his inability to work with a doctor, and receive a certificate - Certificate of disability, provide her with work on the spot no later than on the third day of illness.
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🤷🏼The employee must be “innocent” of his inability to work. That is, he did not deliberately pinch all five of his fingers with the door, so as not to type on the keyboard, and did not violate the OBZH rules.
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📅More than 4 weeks have passed since the employee was hired.
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THAT:
💰The employer pays sick leave for six weeks (42 calendar days).
This is where the fun begins❗️Six weeks a year? In a row or intermittently? How to count? And what if it takes longer?
Let's figure it out:
👉🏻 When they talk about six weeks, we are talking about the same disease!
A new disease is a new six-week term. For example, an employee had the flu for 3 weeks and was sitting at home with a broken leg for 5 weeks. These deadlines do not add up. The employer pays the salary.
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👉🏻If there is more than six months between the same diagnosis, the six-week period starts over. Example: An employee was sick for 4 weeks in March and 3 weeks in December with the same disease. Deadlines don't add up. The employee receives full salary.
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👉🏻 If the interval between diseases for the same reason is less than 6 months, then these terms add up. Of this total amount of days, 42 days are paid by the employer.
From the 43rd day until the 78th week, sickness benefit - Krankengeld is paid. It is already paid by the health insurance fund (Krankenkasse).
This "income" (Krankengeld) will already be lower than the basic salary (about 70%).
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AND FURTHER:
👍🏼 An employer may (but does not have to) reimburse an employee receiving sickness benefit (Krankengeld) for the difference between the benefit and his netto-salary (Krankengeldzuschüsse).
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👍🏼If the employer pays additional health insurance contributions for employees (Umlage 1), then in the event of an employee's illness for up to six weeks, the health insurance fund reimburses the employer from 50% to 80% of the salary paid to the employee.
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Please tell me if the vacation was agreed upon with the employer, but it so happened that they scheduled an operation and gave sick leave, the vacation was from 4.04-19.04 and the sick leave was given from 1.04-9.04, the doctor said that there is no problem to fly on vacation on 4.04 as planned, but the employer He says that I have no right to go anywhere. Tell me, is it legal to leave during sick leave and use previously agreed upon leave at the end of it?
Hello.
In Germany, the rules regarding whether you can travel while on sick leave depend on several factors, including your doctor's advice and the terms of your health insurance. In general, if your doctor feels that vacationing somewhere else won't interfere with your recovery (and may even help it), and doesn't impose restrictions on your movement, you can technically go.
However, there are a few points you need to consider:
1. Doctor's recommendations: If your doctor has indicated that you are free to travel, make sure you have this in writing. In some cases, the doctor may indicate on the sick leave that travel is not contraindicated.
Message to employer: It is important to communicate clearly and transparently with your employer about your health and plans. Although you may feel you have a right to leave, if your employer expresses concern, it may affect your work situation. Ideally, you should negotiate with the employer and find a compromise.
Insurance provisions: Make sure your health insurance covers treatment if needed during your trip. Some insurance companies may have travel restrictions while on sick leave.
Legal aspects: In practice, if you violate your doctor's recommendations or your insurance policy, it can lead to problems with sick pay or even disciplinary action from your employer.
If you have any doubts about your specific situation, it is recommended that you consult with an attorney who specializes in employment law. It is important to obtain professional advice to avoid possible misunderstandings and legal problems.
Hello, I have one more question: I still have a year and 2 months left before retirement after krankengeld, what should I do since I can’t work for health reasons? Should I contact Arbeitzam or somewhere else?
Good afternoon.
Yes, first in Arbeits Amt.
Hello, I have been on sick leave since January 2, 2023, at first I paid Arbeitsgeber for 6 weeks, then I started paying Krankengeld AOK. I read that the Krankengeld pays for 78 weeks, I have a question: does this 78 week include the 6 weeks that the Arbeitsgeber paid or not?
In Germany, the health care system requires the employer to pay full wages for the first 6 weeks of the employee's incapacity for work. After this, the insurance company (in your case AOK) begins to pay sickness benefits (Krankengeld) provided that the disability continues.
According to German law, Krankengeld is paid for up to 78 weeks (approximately 1,5 years) over a period of 3 years for the same disease. The 6 week period during which the employer paid wages is not included in the 78 weeks. This means that after the employer stops paying, the insurance company can pay sick benefits for up to 72 more weeks.
Hello, please tell me how sick leave is paid for a mini job, I work only on weekends, so that when I go out after sick leave I don’t have to overwork my hours and therefore don’t pay tax.
Hello! In Germany, sick pay for workers employed in mini-jobs (with an income of up to 538 euros per month) has its own characteristics. It is important to know the following:
– Calculation of sick leave: Sick leave benefits are usually calculated based on average earnings over the last 12 calendar days before illness (for hourly workers) or based on fixed monthly earnings (for those with a regular income). In the case of a mini-job, if your income does not exceed €538 per month, your sick leave benefit will be calculated based on your average earnings.
– Taxation: Since mini-job income is tax-free up to a certain threshold (€538), sick pay will also not be taxed unless the total income exceeds this threshold.
– Hours of Work: If you only work on weekends, it is important to notify your employer of sick leave as early as possible so that they can calculate your sick leave benefits correctly. To avoid overtime and potentially being taxed when you return to work, you should discuss with your employer your work schedule and the possibility of adjusting your hours to accommodate the mini-job.
– Claiming sick leave: You need to provide sick leave from your doctor to your employer as soon as possible. The employer uses this information to calculate and pay sick leave benefits.
Hello, if I am currently on sick leave, but besides this, I also have an illness that is not related to this, that the doctors do not want to accept, even with an emergency application, what should I do?
Hello.
You cannot be denied medical care if you are sick.
You should see another doctor or a hospital emergency room.
Good afternoon I have been on sick leave since 29.11.23/23.02.24/XNUMX and until XNUMX/XNUMX/XNUMX. If I worked for Minijop and Talzeit, does AOK pay for these two works? And what should I do next? The doctor said that he couldn’t give me sick leave for half a year. And I’m sure that I won’t be able to work under load. She worked as a cleaner. They operated on my hand. Cutting bread at home is a problem.
Good afternoon Your situation requires careful consideration, especially taking into account the length of sick leave and the type of employment relationship you have (Minijob and Teilzeit, i.e. part-time work). In Germany, the health and social security system provides support for workers in such situations, but there are certain nuances and rules.
Sick leave payment
1.First 6 weeks: The employer usually pays wages (Entgeltfortzahlung im Krankheitsfall) for the first 6 weeks (42 days) of sick leave. This applies to both full-time employment (Teilzeit) and mini-jobs.
2. After 6 weeks: After this period, sick leave benefits (Krankengeld) are usually paid by a health insurance fund, such as AOK. The benefit is approximately 70% of your regular earnings, but cannot exceed the maximum limit.
Your situation
Since you have been on sick leave for more than 6 weeks, payments must be made through your health insurance (HAI). This applies to both of your jobs, as long as you are insured and have paid appropriate social security contributions. You should contact the AOC to clarify the conditions and procedure for payment of benefits in your particular case.
What to do next
1. Contact AOK: Find out information about the continuation of payments and possible further steps. You will need to provide all necessary documents, including sick leave certificates.
2. Medical Rehabilitation: If your doctor determines that you are unable to return to work due to a medical condition, you may be offered a medical rehabilitation or vocational retraining program that may assist you in your future employment.
3. Legal advice: In complex cases, especially when it comes to long-term absence from work and possible changes in employment status, it may be useful to seek advice from a social security specialist or a lawyer specializing in employment law.
Remember, it is important to regularly consult with and follow your healthcare provider's recommendations, and to communicate with your insurance company and employer regarding your condition and plans for returning to work or other social security issues.
Good afternoon. I have been working for 4 months, but due to health reasons I need surgery, the doctor says that in a good situation I will need to stay in the hospital for 10-12 days and then rehabilitation. Can an employer fire me before surgery, on sick leave or during sick leave? And after sick leave?
Hello.
An employer does not have the right to fire you due to your health condition if you are sick, on sick leave or in the process of treatment. This is ensured by a working time framework agreement, which sets out minimum standards for health and safety in the workplace.
However, it is worth noting that in some cases, if you are unable to perform your work duties for an extended period of time due to illness, it is possible to terminate your employment contract. However, this must be justified and carried out in accordance with the law.
Good afternoon!
Please tell me, if an employee is on a Minijob, will he be paid sick leave after 6 weeks of Krankenkasse? And if so, does the employee have to draw up Antrag himself or does the employer do it?
And another question: if an employee goes for rehabilitation for 3 weeks, there must be sick leave for this time or just a paper indicating the period from when to when the employee was in rehabilitation. And who pays for this period? There is a 3-week pause between sick leave and rehabilitation, during which the employee essentially has to work….
Thanks in advance for your answer.
Hello.
In Germany, Minijob workers are also entitled to sick pay after 6 weeks if they are unable to work due to illness. This coverage is provided through the Krankenkasse, which is a health insurance company.
Regarding the procedure, the employee usually has to apply (Antrag) for sickness benefits themselves. The employer can assist in this process, but it is not their responsibility. It is important that the employee notifies their employer of illness and provides sick leave as soon as possible.
If an employee is sent for rehabilitation, he will also need to provide relevant documents confirming the rehabilitation period, its goals and duration. This paper must be an official document from the attending physician or rehabilitation institution.
Payment for the rehabilitation period is usually covered by the insurance policy if the rehabilitation is determined to be necessary by a doctor and approved by the insurance company. If there is a gap between sick leave and rehabilitation, and the employee is physically able to work, the employee must return to work unless otherwise directed by a physician.
For accurate information and actions in specific situations, it is always better to contact the insurance company and consult with the employer.
Example. The man has been on sick leave since January. I received 6 weeks from the organization and then krankengeld. In February, a complex operation on the spine was performed. Treatment, etc. in May they offered REA and stayed there for 3 weeks. Now Krankenkassa writes that they decided to contact the Medical Dienst Gutachter and asked to fill out a sheet with questions about what work he performed and how many hours before the onset of the illness. I understand that krankengeld is paid up to 78 weeks. But judging by these letters, it seems that they want to make sure that he is incapacitated and that he receives benefits from pension insurance. Could this be? He worked in one place since 1996 as a turner.
Hello.
Yes, this can happen.
When a person is on sick leave in Germany and receives “Krankengeld” (sick leave) from his health insurance company (Krankenkasse) for an extended period, the insurance company may decide to carry out an assessment of the patient's health to determine whether he is still truly disabled. This is done through the “Medizinischer Dienst der Krankenkassen” (MDK), or Medical Insurance Services.
If, after the assessment, the MDK determines that the person is truly unable to return to their job due to their illness or injury, but may be able to perform other work, the insurance company may offer rehabilitation or other support measures.
If the MDK determines that the person is likely to be unable to return to work for a long time or permanently, the insurance company may offer to apply to the pension insurance (Rentenversicherung) to obtain a disability pension.
It is important to note that the transition from Krankengeld to a disability pension is not automatic. To receive a disability pension, you must go through a separate process that involves an assessment of your health and your ability to work.
If you have doubts or questions regarding your status or the process, I recommend that you consult with a lawyer specializing in social insurance in Germany or with the relevant advice services.
I got sick with varicose veins pls my back my legs are swollen my back is pinched I can barely stand a shift. In Ukraine I am a group 3 disabled person for life. Plus I burned two legs and bad blood circulation. I asked in August but they didn’t pay me an additional 338 euros. The manager refused to pay me an income statement but they didn’t pay me up to my salary of 327 euros. what should I do in this hotel? I missed my mail because my old phone was stolen, I can’t sign in, I can’t go where to go. Moreover, we work in conditions where there is no ventilation only visually and for 5 people we serve 500-700 guests, and yet they tell us Shnyla. And the managers smoke 5 times an hour and they are old enough to be my children and I have to ask permission to go to the toilet. We ask you to recruit staff so that there are at least 2 people at each position, at 36 no. Plus the stoves in the kitchen without ventilation and cooling, we are dying and they don’t care, they sit in the bureau under the air conditioning. help, what to do!!??
Good day,
thank you for your message.
Due to difficult working conditions, you need to see a doctor and quit for health reasons. The best thing would be to look for a job with more flexible working conditions and in conditions that are comfortable for you (based on your health)