The Limited Times

Now you can see non-English news...

Can I go on vacation despite being on sick leave?

2020-08-11T16:13:29.801Z


As soon as the holidays are in sight, your throat starts to scratch: But can you go on a trip even though you have handed in a yellow slip of paper? And where?


Icon: enlarge

Airport in Stuttgart: Can I go on vacation despite being on sick leave?

Photo: Arnulf Hettrich / imago images / Arnulf Hettrich

Finally vacation! The hotel has long been booked and the trip is imminent - and suddenly symptoms such as runny nose, cough or fever spread. A horror scenario for employees - especially if the doctor insists on bed rest afterwards. But what should you watch out for in such cases? Can I go on vacation despite being on sick leave? Can i leave the country? And: Do I have to inform my employer about my whereabouts? You can find the most important answers here.

Can I travel while on sick leave?

Yes, employees are generally allowed to take their planned vacation despite being on sick leave. However, possible trips are tied to certain conditions: If the trip seriously endangers the employee's recovery, they are not allowed to travel. In a conversation with the doctor it must be clarified whether and to what extent the planned vacation could endanger the "restoration of the ability to work". The purpose of recreation should always be in the foreground. "During this time, the employee has a so-called increased duty of care towards himself," says the specialist lawyer for labor law Daniel Brügger. Accordingly, a so-called individual consideration applies. "In some cases, traveling can even be beneficial, for example during a cure or recreational trip," said the lawyer.

Employers should carefully consider whether they want to start their vacation as planned. In the worst case, there is a risk of termination without notice , as a judgment of the BAG (judgment of 02.03.2006 - Az .: 2 AZR 53/05) shows. Here, an employee who was on sick leave due to a meningitis due to lack of concentration, went on a skiing holiday. "Participation in a pilgrimage is also not permitted if you have pneumonia. The same applies to participation in a football game," said Brügger.

Can I also go abroad?

When traveling abroad, the principles described above apply initially. However, if the employee is on sick leave for more than six weeks and is therefore entitled to sick pay, the following must be observed:

The entitlement to sickness benefit from Section 44 of SGB V is suspended in accordance with Section 16, Paragraph 1, Clause 1 of SGB V if the insured person is abroad. However, in accordance with Section 16 (4) SGB V, the entitlement does not rest if the employee obtains the consent of his statutory health insurer before starting the trip. If employees travel within the EU, the insurance company is obliged to agree to the application. The Federal Social Court made this clear in an oral hearing (Az. B 3 KR 23/18 R).

What should I watch out for in the case of depression?

Every year in Germany alone, one to two percent of the population suffer from depression for the first time. Four million people suffer from the symptoms annually (read more on the subject here). But what if an employee is declared unable to work due to depression by a doctor? In fact, there are no special features to consider.

Rather, it must be checked in each individual case whether the vacation endangers recovery. In all probability, a cure in the Alps or at the lake is not advisable, as it could help the employee to recover.

Do I have to inform my employer about my whereabouts?

No, the boss or the health insurance company have no right to be informed about the whereabouts. This changes, however, if the employee is already abroad when the incapacity for work begins. "The obligation includes not only the notification of the whereabouts, but also the immediate obtaining of a certificate of incapacity for work," says lawyer Brügger.

Can illness be interrupted by vacation?

An employee who becomes disabled and unable to work must refrain from anything that could delay recovery. This also means that the employee may be obliged not to go on vacation.

According to the regulation of Paragraph 9 BUrlG, sick days during the vacation may not be counted towards the annual vacation. "The background to this regulation is that a sick employee is not obliged to work. If the obligation to work has already ceased, the purpose of the vacation - the recovery from the obligation to work - can no longer occur," explains the lawyer. Section 9 BUrlG also covers the event that the illness occurs before the start of the holiday.

First sick, then vacation, then sick again - is that a problem?

You are sick, get well on time for your planned vacation, and - for whatever reason - are suddenly unable to work again after your vacation. Your boss is not to be envied in such a case. But what can he do about it? It depends on the circumstances. In principle, such a case can occur without the employee having to fear any consequences.

It should be noted, however, that if the illness after the vacation is based on the illness that existed before the vacation, no new period of continued payment (six weeks) begins, but the days before the vacation are taken into account.

Icon: The mirror

Source: spiegel

All business articles on 2020-08-11

You may like

Life/Entertain 2024-02-02T11:11:22.162Z
Life/Entertain 2024-02-05T13:12:52.571Z
Life/Entertain 2024-02-26T15:34:33.446Z

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.