What to do if you get sick on vacation?
Created: 06/24/2022Updated: 06/24/2022 12:03 p.m
By: Janine Napirca
To ensure that your vacation days do not expire if you become ill, you should generally follow this procedure.
According to the
Federal Holidays Act (BUrlG)
, every employee in Germany has a
statutory right to paid vacation
leave .
According to § 3 BUrlG, the statutory minimum
vacation is at least 24 vacation days per year for a 6-day week
and at least 20 for a 5-day week.
What happens to the vacation days if you get sick?
The main purpose of annual leave is relaxation.
Therefore
, your holiday entitlement does not expire if you become ill
.
Because if you are sick in bed, you cannot recover from work.
Finally holidays!
But is that when you get sick?
In any case, get a sick note from the doctor so that you can make up for the vacation days at another time.
© Kzenon/Imago
If an employee falls ill while on vacation, the days of incapacity for work documented by a medical certificate are not counted towards the annual vacation
§ 9 BUrlG
Consequently, sick days are not vacation days.
This means you can get your
requested vacation days
refunded
and take them at a later date.
For example, if you were sick seven days out of 14, you are entitled to a further seven days of vacation.
However, in order to get your vacation days back, you have to follow a certain procedure.
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According to § 5 paragraph 1 of the Continued Pay Act (EntgFG), you save your vacation days and ensure that your salary continues to be paid
Go to the doctor and get sick leave
: Regardless of whether you are in Germany or abroad during your holiday, you should have your incapacity for work officially diagnosed by means of a medical certificate of incapacity for work.
If there is no medical certificate, you will not get your vacation days back.
Inform your employer
: officially call in sick at work and send your employer the certificate of incapacity for work.
This must be done on the same day, even if the employment contract contains a different provision, such as sick leave with medical evidence only from the third day.
You must also leave your supervisor contact details under which you can be reached on vacation.
Otherwise, according to Section 7 EntgFG, the employer could refuse to continue paying wages.
If you are abroad, the health insurance company must also be informed
: As a person with statutory health insurance, you must inform your health insurance company in the event of illness.
Also clarify which treatment costs will be covered.
It may be advisable to take out travel health insurance before traveling abroad, for example if a return transport would be necessary from a medical point of view.
Exception – reduction in overtime & child sick:
If you fall ill while working overtime instead of on vacation, you will unfortunately get nothing.
Because overtime reduction cannot be credited back to your working time account.
Even if you have to look after your sick child while on vacation, you will not get back the vacation days you have taken.
During normal working hours you can take paid child sick days, but unfortunately this is not possible on vacation.
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What should I do if I get sick before my vacation?
If you become ill before your holiday, in certain cases you may not even be
allowed to
start your planned trip
.
Because
everything that has a negative effect on your recovery is to be avoided in the event of illness
.
If you have injured your foot, for example, you are not allowed to go on a long hike.
If a relaxing holiday on the beach is planned, you can start the journey if there is nothing against it in terms of health.
The best thing to do, however, is to simply communicate openly and honestly with your manager about what is best to do in such a case.
Read here about which private matters - from pregnancy to criminal records - you are allowed to remain silent to your employer or even lie to him.
(jn)