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Incapacity for work in Germany: 14 frequently asked questions
19th Sep 2024
If you work in Germany and get sick, various complicated situations can arise. How to deal with them? We have prepared answers to the most common questions about working and incapacity for work in Germany.
Questions and Answers:
- Can I be terminated during the period of incapacity for work?
- Who is protected from the termination?
- For what reasons can I be terminated during my incapacity for work?
- I was terminated due to frequent illness. What is the termination period?
- I was terminated due to repeated incapacity for work. Am I entitled to severance pay?
- I was terminated during the period of incapacity for work for organizational reasons. What are the termination periods and when do they start?
- Is the termination period extended during the incapacity for work?
- I was terminated during my incapacity for work. Will my employer continue to pay my wages?
- I do not agree with termination during the incapacity for work, what should I do?
- Can I give termination during the incapacity for work?
- Can I travel to my home country if my incapacity for work started in Germany?
- What should I do if I get sick while on vacation in Germany?
- What should I do if I get sick while on vacation abroad?
- Am I entitled to child benefit payments from Germany during the incapacity for work in Germany?
1. Can I be terminated during the period of incapacity for work?
Yes, an employer can terminate an employee during the period of incapacity for work, unless the employee belongs to a group of persons protected from dismissal (e.g. pregnant women, persons on parental leave). However, there must be a valid and provable reason for doing so. An example is repeated incapacity for work (a doctor must give the employer an employment report stating that the employee's health is unlikely to improve).
2. Who is protected from the termination?
The following persons are protected from termination during incapacity for work:
- pregnant women,
- persons on parental leave,
- persons with severe disabilities.
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3. For what reasons can I be terminated during my incapacity for work?
The reasons for termination by the employer may be:
- Employee behavior - this includes inappropriate behavior by the employee, such as drinking alcohol in the workplace, repeatedly refusing to work, bullying, or insulting colleagues.
- Closure of the workplace or company - these are organizational reasons.
- Reduction in work performance - related to:
- Repeated short-term illnesses,
- repeated long-term illnesses,
- permanent incapacity for work.
The employer must accept an employee's incapacity for work of 30 days (6 working weeks) per year. It does not matter whether the employee is sick for 30 days continuously or consecutively during the year.
4. I was terminated due to frequent illness. What is the termination period?
In the case of termination due to frequent illness, the employer is obliged to comply with the statutory period of four weeks.
5. I was terminated due to repeated incapacity for work. Am I entitled to severance pay?
No, the employer is not obliged to pay the employee severance pay if he/she is terminated due to repeated illnesses. You are only entitled to severance pay if it is stipulated in the collective agreement. It is sufficient that the agreement stipulates the payment of severance pay on termination of employment. Severance pay will then be paid even if the employment relationship is terminated on the grounds of repeated incapacity for work.
6. I was terminated during the period of incapacity for work for organizational reasons. What are the termination periods and when do they start?
The employer must comply with the statutory termination periods. These depend on the length of the employment relationship. Other termination periods may be specified in the collective agreement or employment contract and these take precedence over the statutory periods. The termination period starts on the date of delivery of the termination to the employee.
The termination period does not apply in the event of "extraordinary" termination by the employer. Extraordinary termination can only be given for serious reasons, such as theft, fraud or other reasons. It is therefore termination with immediate effect.
7. Is the termination period extended during the incapacity for work?
No, incapacity for work does not affect the termination period and does not extend it. This means that the employment relationship ends on the last day of the termination period, which can be during incapacity for work.
8. I was terminated during my incapacity for work. Will my employer continue to pay my wages?
Yes, the employer continues to pay 100% of the net wage during the 6 weeks of incapacity for work (if the employee has been employed for more than 4 weeks and has not been terminated for serious reasons). If the termination period ends before the six weeks have passed, the employer is no longer obliged to continue paying the wages. On the other hand, if the incapacity for work continues after 6 weeks, the employee will be paid sick pay at 70% of the gross salary. The sickness benefit is paid by the health insurance company even after the end of the employment relationship, but for a maximum of 78 weeks.
Read also:
Working in Germany and entitlement to cash benefits
What benefits are you entitled to while working in Austria and what conditions do you have to meet to get them?
9. I do not agree with termination during the incapacity for work, what should I do?
If the employee disagrees with the termination during the incapacity for work, he or she can appeal against it by filing a lawsuit through the labour court. It is important to comply with the 3-week time limit, otherwise the termination becomes irrevocable. This means that the employee can only appeal within three weeks of obtaining the termination.
We recommend that you contact a lawyer in the field of labour law to assist you in drafting and filing your lawsuits. Contact us to be connected with a lawyer.
10. Can I give termination during the incapacity for work?
Yes, the employee can give termination to the employer even during the period of incapacity for work. However, he or she must comply with the statutory termination period. This lasts for four weeks, unless the employment or collective agreement specifies a different termination period. During the probationary period, a 2-week termination period applies.
11. Can I travel to my home country if my incapacity for work started in Germany?
During the incapacity for work which started in Germany, you can only travel to your home country within the EU with the consent of the German health insurance company (if the employee is paid sickness benefits). If the employee does not ask the health insurer for permission to travel, the sickness benefit may be suspended. The employer does not need to be informed of the travel. However, it is advisable to do so in order to avoid the employer feeling unjustified incapacity for work.
12. What should I do if I get sick while on vacation in Germany?
If you fall ill while on holiday in Germany, you must inform your employer as soon as possible by phone or e-mail. The doctor sends an electronic sickness certificate to the health insurance company, which makes this information available to employers. The employee becomes incapacitated and the employer pays 100% of his net wages (during the 6 weeks of incapacity). The six-week rule applies if the employee is employed for more than 4 weeks. Additional days of vacation originally requested by the employee shall not be counted as days of vacation taken.
If the employee is employed for less than 4 weeks, sickness benefits are paid by the health insurance company from the first day at the rate of 70% of the gross salary. However, not more than 90% of the net wage for 4 weeks.
13. What should I do if I get sick while on vacation abroad?
If you get sick while on vacation abroad, you must inform your employer and the health insurance company as soon as possible by phone or e-mail. The certificate of incapacity for work that the employee receives from the doctor abroad must be delivered to the employer and the health insurance company as soon as possible.
In addition, the employee must provide the employer and the health insurer with information on the place where he can be reached (vacation destination or hospital). The employee becomes unable to work and the employer continues to pay 100% of the net wages (during the 6 weeks of incapacity for work). The additional days of vacation originally requested are retained for future use.
14. Am I entitled to child benefit payments from Germany during the incapacity for work in Germany?
Yes, incapacity for work and sick pay does not affect the payment of child benefits.
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