Sick at work?

Sick leave – what you need to know

With the cold season, a wave of colds is rolling across the country again this year. Hardly anyone is spared from the various cough and cold infections. And with every cold, the same problem arises: do I go to work or stay at home and cure myself? You can find out how to deal with the issue of sick leave here.

Going to work sick?
That's right, especially at times when no job is really secure, you think twice about whether you can really stay at home or not. Contrary to popular belief, you can be dismissed while on sick leave. You should therefore do everything you can to behave in accordance with the law.

Nevertheless, you shouldn't overdo it either. Because your body won't thank you in the long run if you drag yourself to work with a fever. You're putting your cardiovascular system under a lot of strain - a protracted cold can have serious consequences and often ends up in hospital. Apart from the fact that you're not necessarily a great support to your colleagues as a walking germ slinger.

Reporting sick correctly
If in doubt, you should leave it to your doctor to decide whether you are fit for work or not. This also depends on the type of work you do. If you notice in the morning that you are ill, you should call your line manager immediately and report sick. The next step is to go to the doctor, who will confirm your condition. This is because the employer has the right to ask you as an employee for confirmation of your sick leave - by law from the first day you are unable to work. Some companies only require confirmation after three days of sick leave.

However, you are on the safe side if you obtain a doctor's confirmation from the outset. This must state the start date, the expected duration and the reason for the absence from work. However, this does not mean the diagnosis, but only whether you are unable to work due to illness or an accident. If you do not provide this confirmation, you will lose your entitlement to continued remuneration for this period - your employer does not have to pay your wages/salary. 

Behavior during sick leave
During your sick note, you must do everything you can to get well as quickly as possible. This means that you are not allowed to go outside if you have the flu or a flu-like infection, with the exception of visits to the doctor or pharmacy. The situation is different for depression or burnout, for example, where walks can be part of the therapy. Your doctor will tell you what is allowed and what is forbidden, or what is generally considered to be conducive to recovery.

Remuneration and dismissal
Dismissal without notice due to sick leave is not possible. However, your employer can terminate the employment relationship on the basis of ordinary notice. The statutory notice periods apply. Termination by mutual agreement is also often offered, but according to the Chamber of Labor, this is not advisable as the employee is almost always worse off than in the case of termination. This is because you are entitled to continued payment of your salary until the end of your contract even if you resign while on sick leave. 

You are entitled to sick pay for six weeks as an employee and as a worker in the amount of your full monthly salary, then for a further four weeks in half the amount. If the employer's obligation to continue to pay your salary is reduced, the sickness benefit from the health insurance fund begins to apply, first at half the amount to compensate for the reduced salary, then at the full amount. Sickness benefit is paid for a maximum of 52 weeks, after which an application for an occupational disability or invalidity pension must be submitted to the pension insurance institution. 

Sick during your vacation
If you fall ill while on vacation, the sick leave interrupts your vacation if it lasts longer than three days - the sick leave is then not counted towards your vacation. However, you must also bring a doctor's certificate in this case.