Visiting the doctor during working hours: is that allowed?
Experts clarify
Created: 12/15/2022, 09:35 am
By: Jason Blaschke
Who doesn't know it - getting a doctor's appointment outside of working hours is a challenge for many employees.
But what to do if there is no other way?
Stuttgart – The corona numbers are falling and in some federal states the quarantine obligation no longer applies – which poses challenges for travelers in particular, as reported by
Merkur.de
.
But the corona virus has already become part of everyday life for most people in Germany – most of them have already ticked off vaccinations and recovery.
What is causing many clinics far greater concern at the moment is the RS virus.
Visiting the doctor during working hours: Employees should bear this in mind
An RSV infection can be life-threatening, especially for children and people with previous illnesses.
Children's clinics in Baden-Württemberg are at the limit because of the RS virus.
"I've never experienced anything like this before," says Rüdiger Adam, a pediatrician at the University Hospital in Mannheim.
Healthy adults and older children can also become infected.
With them, however, an infection is usually less severe - if in doubt, a doctor's visit may still be necessary.
If you are ill and a visit to the doctor is medically necessary, this is not a problem for employees.
The only important thing is to let your employer know as soon as possible.
"The employer must have the opportunity to plan and adapt to the situation," says Cologne specialist lawyer for labor law, Nathalie Oberthür, in an interview with the Deutsche Handwerkszeitung (DHZ) on the subject of visiting a doctor during working hours.
Plannable doctor's appointments not during working hours - but there are exceptions
But how is it handled if you are not acutely ill or only have a routine check-up planned?
In principle, doctor's appointments are a private matter and should take place outside of working hours, according to IG Metall in a service contribution for the members of the union.
This means that there is nothing wrong with acute medical concerns - if it is a plannable, non-urgent examination, it should take place outside of working hours.
It is not uncommon – especially with specialists – that the patient cannot choose an appointment at all and is assigned one by the practice.
Doctor appointments during working hours are also permitted in such cases.
The same applies if an examination can only be carried out at a certain time - for example if you have to be sober.
But even in these two cases, it is important to inform your employer as soon as possible.
Visiting the doctor during working hours: does the employer have to continue to pay salaries?
For short doctor's appointments, most employers do not require a sick note.
Especially since many employees only have to submit an AU certificate after the third day of absence.
If you want to be on the safe side, your doctor's office can issue a certificate stating the duration of the treatment.
If desired, the certificate can also certify that no other doctor's appointment was available outside of working hours.
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It is also regulated by law that the employer is obliged to continue to pay wages in the event of such a doctor's appointment during working hours.
Section 616 BGB states: "The person obliged to provide the service (employee) is not forfeited the right to remuneration if he is prevented from providing the service for a relatively insignificant period of time for a reason lying in his person through no fault of his own."
A certificate of incapacity for work (archive image) does not normally have to be presented when visiting a doctor.
© Arno Burgi/dpa-Zentralbild/dpa/Symbolbild
Continued payment of wages for doctor's appointments during working hours: an expert explains § 616
"The law stipulates that the obligation to pay remains for visits to the doctor that don't last long," says Tjark Menssen from the legal protection department of the German Trade Union Confederation (DGB) to the
DHZ
.
Likewise, the employer cannot demand that the employee takes leave to see a doctor.
On the contrary: Anyone who falls ill while on vacation is even entitled to vacation, provided that a sick note is submitted.
If an electronic sick note (AU) is sent automatically to the employer, the employee does not even have to take action himself.
It gets a bit tricky when it comes to visiting the doctor during working hours if flextime is agreed in the employment contract.
This means that the employee can organize his working hours freely.
The law stipulates that for visits to the doctor that do not last long, the obligation to pay remains.
Tjark Menssen, Confederation of German Trade Unions (DGB)
Employees with flextime regulations: What you should know about doctor visits
"The rule here is that employees cannot request a time credit for a doctor's visit during flexitime unless there is an express regulation to the contrary," says a service article by the company ver.di Bildungs, citing a court ruling by the Hamm Regional Court of December 11, 2001. Employees also have to be careful if their own child or a close family member falls ill and needs to be accompanied to the doctor.
In such cases, too, a differentiation must be made between acute illness and planned examinations.
In the second case, "I have to try to get an appointment outside of working hours," says specialist attorney Oberthür.
If this is not possible, a conversation with the employer can also help.
Many companies are accommodating in such cases and offer, for example, to make up the time on other days or to work overtime.
Doctor's appointment with a child during working hours: parents have to take this into account
If the child is ill and needs to be cared for at home, the topic of visiting the doctor during working hours is not relevant anyway - the pediatrician can then issue Template 21 ("Children's sick note").
This means that the legal guardian is released from his or her work and receives a wage replacement benefit from the health insurance company.
But be careful, an exemption for parents only applies to children under the age of 12, as reported by
Merkur.de
.
The conclusion on the topic of visiting a doctor during working hours: In principle, doctor appointments are possible if there is an acute medical need, there are no appointments outside of working hours or treatment can only take place at a certain time.
Conversely, plannable medical appointments such as check-ups should take place outside of working hours.
The same applies if your own child or a family member in need of care has to see a doctor.
If possible, appointments with the pediatrician should also take place outside of working hours – but the known exceptions also apply here.
© Sebastian Gollnow/dpa
Visits to the doctor are possible during working hours – but there are exceptions
If an employee works flextime or part-time, different rules may apply.
The same applies to trainees who still have to go to the medical check-up.
In such individual cases, a clarifying discussion with the employer can be useful.
Some doctors also offer separate evening consultation hours for full-time employees.
You should also always pay attention to whether separate rules have been agreed in the employment and collective agreement or a company agreement.
Employees are always on the safe side if they inform their supervisor of upcoming doctor's appointments during working hours as quickly as possible.
What many also like to forget when reporting sick: "Even if you are still unable to work, you have to tell the employer that you are still ill," says DGB legal expert Menssen.
A short phone call, an email or a message via other communication channels is sufficient.
