Sick leave during the holidays: How to get back your vacation days
Created: 12/20/2022, 7:30 am
By: Anne Hund
Employees who become ill while on vacation get their vacation days back - but not without a doctor's certificate.
The proof must also be provided in good time.
Maybe it has happened to you before: you work, you may have a lot of stress again just before your vacation.
And as soon as the holidays begin, you get sick.
A small consolation: Employees who fall ill during the holidays get their vacation days back.
Because the vacation ends on the day the doctor reports sick, as
Test.de
describes.
"According to Section 9 of the Federal Holidays Act, the days off will be credited to you."
Sick note: Medical certificate also required on vacation
The sick note must also be given promptly on vacation.
© Fleig/Eibner-Pressefoto/Fleig/Imago
"Inability to work and vacation are mutually exclusive," informs Techniker Krankenkasse (TK) on its website.
Continued payment of wages in the event of illness applies if the employee falls ill while on vacation and is therefore unable to work.
However, you have to pay attention to a few regulations - even if you are traveling: Employees must obtain a doctor's certificate (possibly at their holiday destination).
They must also inform the employer as soon as possible that they are "unable to work" according to the TK - and also about how long the illness is expected to last and where they are at the moment.
"As soon as possible, means by phone or email," advises TK.
“The employer bears the costs for this.” If the sick person returns home, he must also report this to the employer and the health insurance company as quickly as possible.
Sick leave on vacation - when you can take the sick days
The health insurance company reports that the sick days should not simply be added to the vacation days.
"If he is able to work again and the vacation period agreed with the employer is over, he has to come back to work." The employer has to "give back" the lost vacation days at a suitable time.
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Sick before departure – show up or cancel?
What do employees have to consider if they become ill before the start of their vacation?
You have to "refrain from anything that would endanger your recovery," writes TK on its website.
If the planned holiday trip would prevent you from getting well again, you should “actually not go at all”.
But it could also be that the trip promotes health.
In principle, employees and employers should exchange information about the situation in order to avoid misunderstandings, according to the health insurance company's tip.
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Send notification of sickness to employer and health insurance company in a timely manner
It doesn't matter whether you fall ill during the holidays or during normal working hours: the sick note must not only be sent to the employer, but also to the cash register in a timely manner.
That's how it is prescribed.
If you don't reach the cash register within a week, you risk your "entitlement to sick pay if the continued payment of wages ends after the first six weeks of incapacity for work," says the article
on
Test.de.
Informing the health insurance company immediately is important, especially in the case of serious illnesses, so that sick pay can flow immediately after the six weeks.
If your employer does not request medical proof on the first day, you should definitely know the deadlines that you have to observe when reporting sick.
