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Your head is roaring and your nose is running, working is out of the question today. But be careful: There are a few things you need to consider when reporting sick to your employer.
Anika Müller works in a supermarket. Her working day starts at 7 a.m., but she doesn't feel well today. At 12 o'clock she gets an appointment with her family doctor. She then notifies her employer. And he promptly sends her a warning. Again and again, disagreements arise between employees and superiors in the event of illness - which unfortunately are often carried out in court.
When do I have to call in sick?
The employee is legally obliged to report the incapacity for work and its expected duration. "And if possible, before starting work," says Michael Engesser, an employment lawyer at DGB Rechtsschutz GmbH.
In paragraph 5 of the Continued Payment of Remuneration Act (EntgFG), this obligation is even enshrined in law. It states: "The employee is obliged to notify the employer immediately of the incapacity for work and its expected duration."
If the sick note is not made as quickly as possible, the employer can issue a warning, as in our example.
Sick leave: How do I call in sick?
How to tell your employer that you are sick is not regulated by law. Every company regulates sick leave differently. Some companies insist on a sick note by phone, others want you to call in sick by e-mail. For others, all you have to do is write your boss a WhatsApp message or text message that you can't work today.
If you're not sure, it's best to call your supervisor and ask them how to proceed. Also clarify where or to whom you have to call in sick: In the HR department? With your supervisor? Or with the managing director?
In general, however, you should ask this question when you start the job so that you know how to behave in the event of illness.
Sample sick note:
If you call in sick by e-mail, the text could read something like this:
0
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"Dear Mr. XY,
unfortunately I am sick today and cannot come to work. I'm going to go to the doctor now / I have a doctor's appointment at 10 a.m. and I'll get back to you as soon as I know how long I'll be on sick leave.
Yours sincerely,
John Doe"
In this way, you fulfill your immediate obligation to notify that you will not show up for work on that day and at the same time write that you will obtain a certificate with the expected duration of the absence.
When is a medical certificate required?
If the illness lasts more than three days, it is necessary to submit a certificate of incapacity for work. However, the employer can also demand a medical certificate immediately if it is regulated in the employment or collective agreement, reports Engesser. In order to avoid trouble, the lawyer advises to read the regulations carefully in case of illness. From 1 October 2021, the certificate of incapacity for work (AU for short) for health insurance companies will only be available digitally. What employees need to know now, explains 24vita.de.
Anyone who has to go into officially ordered quarantine because of Corona will only be given sick leave by the doctor if they have symptoms such as a runny nose, cough, etc. has. If, on the other hand, you are symptom-free, the doctor is not allowed to issue a certificate of incapacity for work according to the National Association of Statutory Health Insurance Physicians (KBV) - even if you have tested positive for Covid-19. "In this case, the patient submits the official decision on the order of quarantine to the employer," says the KVB.
Digital sick leave has replaced the yellow sick note since 2022
The well-known yellow sick note for those with statutory health insurance is to be abolished in 2022. It is to be replaced by a digital certificate, thus reducing bureaucracy. Such a pilot project has already been introduced at Techniker Krankenkasse. In the future, the other health insurance companies will also have to inform the employer electronically about the beginning and duration of the incapacity for work.
Online sick leave via WhatsApp: How does it work?
A Hamburg-based start-up is offering a new service that allows employees to take sick leave online - without a medical examination. The certificate of incapacity for work is simply sent via WhatsApp. It is true that remote sick leave is valid nationwide and must be recognized by the employer. Nevertheless, many bosses are suspicious. Here you can find out exactly how sick leave via WhatsApp works and whether employers can also refuse it.
Survey: How do you behave when you are sick?
What does my boss need to know?
The certificate contains only the information about the incapacity for work and how long it lasts. It does not say anything about the cause and nature of the incapacity for work. "It's a private matter," says Engesser.
Can my boss control me?
In principle, such visits are not prohibited. However, neither the employer nor the person commissioned to do so will be able to professionally assess the state of the disease and thus shake the medical diagnosis, says Engesser. In addition, privacy must be respected in any case. However, the employer can call in the medical service of the health insurance company if he has doubts about the incapacity for work.
How long are there continued salary payments?
The duration of continued payment of wages, also known as continued payment of wages, is limited to six weeks or 42 calendar days. The prerequisite for this is that the employee has been employed in the company for four weeks without absenteeism. An extension of the continued payment of remuneration after these six weeks is possible in the case of secondary diseases, but must be examined on a case-by-case basis, reports Engesser. At the end of this period, sickness benefit can be claimed.
Can I dare to go outside the front door?
"If you are unable to work, this does not mean that you have to be bedridden," explains labor lawyer Michael Engesser. The mere fact that you go shopping or even go for a walk is not a reason to refuse to continue paying the fee. "You can do anything that promotes healing," says Engesser. If, for example, a bricklayer who is actually on sick leave is caught working on another construction site, the employer can refuse to pay.
Can I be terminated?
Termination due to illness can only be granted under certain conditions. If the employee suffers from a long-term illness and has a clearly negative prognosis as far as healing is concerned, he can be dismissed. A typical example would be a herniated disc, when doctors assume that the damage will not heal despite surgery. In the case of frequent short illnesses, the employer can justify the dismissal with financial damage.
Sick during the probationary period
During the probationary period, relaxed termination conditions apply. That's why bosses theoretically have the option of terminating employees during the probationary period if they get sick. In practice, however, this is likely to be the case only if new employees
- especially often,
- for a long time or even
- become chronically ill.
Sick to work: Can you work despite a medical certificate?
Of course, despite the doctor's diagnosis, there is no need to call in sick. "The question is whether this is helpful for recovery," Michael Engesser points out. In individual cases, this behavior can also have legal consequences if, for example, the person concerned has an accident because of his illness.
Even those who get fit again more quickly are allowed to work despite being on sick leave. If, for example, the doctor writes an employee off sick for three days, but he feels healthy again after two days, he or she may return to work without risking disadvantages in terms of insurance coverage. A "health certificate" is also not necessary for this.
Can I go to the doctor while working?
In principle, the employee is allowed to go to the doctor if not too much working time is lost and the schedule situation allows it. What many people don't know is that if an employee has to care for children or close relatives due to illness, he or she is allowed to stay at home.
Sick on vacation
Claims do not expire. If you're sick, you can't be "on vacation". This has been determined in principle by the Federal Labor Court. Conversely, however, this also means that if you fall ill during the holidays, your holiday will be interrupted – this means that the sick days will be credited to you again as holiday days. And this is basically "endless" during the employment relationship, after the European Court of Justice and subsequently also the Federal Labour Court have determined that a period of incapacity for work, no matter how long it lasts, cannot lead to the forfeiture of a holiday entitlement.
As a rule, the condition for this is that a medical certificate of incapacity for work is sent to the company (while still on vacation), unless a special agreement, such as a telephone notification, has been made for such cases. In contrast to the domestic one, however, the foreign doctor's certificate must clearly show that a distinction has been made between a mere illness and an illness associated with incapacity for work.
However, the sick days may not simply be "attached" to the previously planned end of vacation. That would at least be a reason for a warning from the employer. Of course, the extension is possible by mutual agreement. Otherwise, a decision will be made on the date for the remaining leave after returning.
Sick on holiday – a special case abroad
Caution should be exercised if you fall ill while on holiday and are abroad, as special rules apply to this according to the law. In this case, please proceed as follows:
- report sick to the employer immediately
- Tell them how long you expect to be sick
- indicate the address at the place of stay
- and all "in the fastest possible way of transmission" (the costs for this are borne by the employer)
Are you insured by a statutory health insurance company? In this case, you must also notify your health insurance company as soon as possible about your incapacity for work and the expected duration - as well as if the illness lasts longer.
If you return to Germany after your holiday, you are obliged to inform your employer and the health insurance company immediately.
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Feigning illness: What happens if I turn blue?
You are not sick at all, but prefer to stay at home? Not a good idea, because if you are caught taking sick leave, you are threatened with immediate dismissal. After all, you will fraudulently obtain continued payments of remuneration that are provided for in the event of illness. And this is considered fraud against the employer. (By Mieke Meimbresse, W. Büser and Andrea Stettner)