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Illness - when employees are absent due to incapacity for work

The one voted Unword of the Year in 2005 The term “human capital” shows very clearly that employees are a resource that companies work with. Your know-how and your workforce contribute significantly to success, which is why it is important to use them challenge and encourage.

In a nutshell: illness

How should employees behave when they are sick?

Workers who are ill must have a doctor confirm that they are unable to work after treatment. In this case you will receive a so-called certificate of incapacity for work.

Will the salary continue to be paid in the event of illness?

As a rule, employees receive sick pay for six weeks. If the illness lasts longer, the health insurance company steps in and employees receive sick pay.

Is it legal to dismiss due to illness?

Termination in the event of illness is not excluded. However, employers have to adhere to strict legal requirements here. You can read more about this here.

Specific information on illness in labor law:

incapacity for work

What should you do if you are disabled and unable to go to work?

Work accident

When does an accident count as an occupational accident and what should be considered in that case? More here!

Drug test at the company doctor

When can a company doctor carry out a drug test and what can he tell the employer afterwards?

Continued payment of wages

When are employees still entitled to salary in the event of absence from work?

Sick pay

When are you entitled to sickness benefit and how much is it?

Termination due to illness

What are the requirements for a dismissal due to illness?

Reduce Christmas bonus due to illness

When can the employer withhold Christmas bonus payments in the event of illness? Read it here!

Sometimes, however, too much stress at work, which can manifest itself through bullying in the workplace, for example, makes you sick. Insomnia and constant brooding over the reasons for the peer-to-peer devaluation, but also recurring Colds can cause high failure rates. This usually causes displeasure among employers, who primarily see the cost side.

In the following, we will inform you about how illness is dealt with in the employment relationship, what legal bases there are and whether employees have to fear that they will be given notice if they are still ill after 6 weeks.

How does labor law deal with illness?

Currently at Open plan offices the illness is discussed a lot by employees. Viruses and bacteria spread more easily here than elsewhere and also the Noise pollution can do its part to ensure that employees are absent at some point. If the route to the doctor is taken up instead of to the place of work, the question is: When do you have to inform your supervisor or a human resources officer about thisthat you will be absent that day or maybe longer?

Let me know: How must the notification of sickness be made according to labor law?

The necessary information on how to behave in the event of illness can be obtained from the Continued Payment Act.

It demands from the sick person to inform the relevant office promptly and thus immediately about your own incapacity for work and its expected duration - so that an appropriate coordination of the upcoming appointments and missed tasks can take place.

At what time at the latest a Certificate - also known as the yellow certificate - must be present is usually at the discretion of the employer. This can insist on receiving such evidence on the first day.

Other companies deal with the issue in a more accommodating way do not request a certificate of incapacity for work until the fourth day. You should therefore be specific about what applies to your employment relationship Read up on your employment contract or a valid collective agreement.

Do not forget, also inform your health insurance company about your illness. The doctor will give you several pieces of paper when you visit. The little one is to be submitted to the employer, the big one (on which the cause of the disease is coded), must be sent to the health insurance company. Let them 7 days deadline after the incapacity for work has passed, you may have to waive sick pay. More on that later.

Is there any continued payment of wages in the event of illness?

One of the major achievements in occupational safety is that of workers do not fear for their existence in the presence of an illness have to, because: If you are not to blame for the infection or a broken arm, you are allowed to demand regular payment of their salary or wages for up to six weeks.

But what if you get sick again shortly after you are healthy again and have returned to work? Is it a entirely different diseasethat has nothing to do with the first, the 6-week cycle starts again. However, if you are overtaken by the original illness again, you cannot rely on continued pay.

Caution: The Continued Payment Act handles one persistently recurring illness not quite as rigorous as it seems. According to law, a company must therefore give its employees the Continue to pay wages if there were at least six months between the end of the last incapacity for work and the start of the new period of absence. The same applies if a period of 12 months has passed. If there is a year between the first and the second phase of illness, the remuneration must also be paid for 6 weeks.

Continued payment of wages in the event of illness after 6 weeks - does that exist?

Mental illnesses in particular are usually not over after one to two weeks. However, if you are unable to fulfill your employment contract for more than six weeks due to illness, you will no longer receive payment from your employer. However, he does not have to do without financial support because of that In the case of statutory insurance, the health insurance company usually takes over. She pays the so-called Sick pay.

How much money is paid after six weeks of inability to work is recorded in Book Five of the Social Security Code (Section 5, Paragraph 1). It is at least 70 percent of the gross wage and a maximum of 90 percent of the net wage. Attention: Not every insured person can claim sick pay in the event of illness. Who of the Family insurance has benefited Look up, as well as those with compulsory insurance (this includes, for example, students, Hartz 4 recipients and interns).

The insurance usually pays the sick pay retrospectively. If you are unsure, you can You can get help from your health insurance company and arrange a consultation on the subjectto clarify your questions there.

Consequences under labor law in the event of illness

Often times sick workers are a burden to companies as they Have costs that are not washed back through a corresponding service. Many therefore consider whether they can take legal action against the employee. In the following, we will therefore explain, among other things, whether labor law provides for termination in the event of illness.

When is there a threat of a warning in the event of illness?

What rights and obligations both contractual partners have in a legal transaction, usually results from an employment contract. This will be the Formulated in writing for the sake of better traceability and signed by both. As a consequence, however, this does not necessarily mean that someone will never violate one or more of these provisions over time. The question is: when can an employer warn the employee? Is this measure also justified in the event of illness?

A warning usually refers to a certain misconduct on the part of the employee that the superior no longer wants to accept. He therefore advises him in writing that it to refrain in the future in order not to risk losing one's job. The appearance of a However, illness is seldom self-inflicted and therefore cannot be warned.

It looks different when one Sick notification was submitted too late and this resulted in, for example, disruptions in operations. The sick person would have had an influence on this, which is why the violation of the immediate notification of sickness may be punished with a warning because of illness.

Is termination due to illness an option?

Companies that regularly employ more than 10 people, must meet special requirements if they want to make redundancies. These are recorded in Dismissal Protection Act (KSchG). So that a termination takes place in accordance with the legal requirements and thus socially justified the decisive reason must be able to be assigned to one of the following areas:

  • personal termination: Decisive for the termination of the employment relationship are certain causes inherent in the employee himself (this may include the presence of an illness.)
  • termination for operational reasons: The termination takes place for operational reasons, such as an inadequate order situation.
  • behavior-related termination: If an employee is often late, insults colleagues or steals company property, under certain circumstances they can lose their job.

In the vast majority of cases, there are conduct or operational dismissals, because: The Unilateral termination of an employment relationship for personal reasons is set by the legislature with high hurdles - so also with illness.

The basic rule in labor law is almost always: There has to be one Balancing of interests carried out become.

That means: only if it is the employer If it is no longer reasonable to continue to employ the sick employee, dismissal may be legal. If the Dismissal Protection Act applies, the entrepreneur therefore has to proceed at its reasonable discretion and also to take into account which factors on the employee's side speak against this decision (e.g. his age and thus the chance of finding a new job, maintenance payments to be made, his marital status, length of service).

In case of doubt, the employer must also be able to prove that he has significant economic losses due to the absence of the sick employee or is likely to have. This is usually the case when there are disruptions in operations that are not the result of poor planning on the part of the employer or other misconduct.

In connection with the termination due to illness is also the To examine the development of the health of the person concerned. Must the employer assume that the employee will not be able to fully meet his contractual obligations in the foreseeable future, the forecast is negative. This is an essential requirement for a discharge due to illness.

Whether you are often ill for a short time or occasionally for a longer period does not matter if you are dismissed. To explain: Become problematic Short term illnesses usually if you failed on at least 60 working days per year within the last three years. Of Long-term illnesses is usually talked about when an illness causes one at least eight months of failure leads. Can also it cannot be determined that recovery or significant progress will take place within a total of 24 months, a termination due to illness may be made under certain circumstances.

Lawsuits against dismissal due to illness

If you have any doubts as to whether your employer has complied with the legal requirements, it can help To file a dismissal protection suit. As part of this, it is checked whether everything has taken place correctly. Strive for this path it can be helpful to hire a lawyer to deal with the matter. He knows the legal tricks and, above all, the deadlines to be observed. With a good lawyer specializing in labor law, you have the best chance of enforcing your law.

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Illness - when employees are absent due to incapacity for work
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