Continued payment of wages at kur and reha, employment law 2020

Receive continued payment of wages at health and rehabilitation

Entitlement to continued payment of wages at a cure: If a doctor or a social service provider orders this, the employer must continue to pay.

In the event of illness or an accident at work, a doctor can advise you prescribe one or another measure, which is conducive to recovery. In addition, healthy people can provide preventive measures to prevent diseases. In any case, workers must have such plans report to the employer.

So there is often a question when those affected take a cure or go to rehabilitation: Continued wages must be paid for the period of “incapacity to work”? Below is a comprehensive answer to this question. For example, we will tell you whether a mother-child cure obliges the employer to continue paying wages and what they do Court generally says about continued payment of wages for rehabilitation and treatment.

Use the continued payment calculator!

Cure vs. Rehabilitation: A distinction must be made here

Before the entitlement and the calculation of continued remuneration for health and rehab can be clarified, a differentiation must be made. Because the measure of rehabilitation must be clearly distinguished from curative treatment, i.e. the cure.

A meaningful distinction can also be made based on the duration and the process of the respective measure:

    treatment: A doctor, often a family doctor, decides >Is there a right to continued payment of wages for health and rehabilitation?

A cure usually justifies continued payment of wages by the employer as a refund.

It comes through sick stays often automatically to a rehabilitation measure, employees who seek a cure often have to go to the doctor on their own initiative.

However, this voluntary step means that employers do not have to pay remuneration when they are away? by no means! Employees can insist on further payment.

The approval of one of the institutions mentioned testifies that a medical need consists. In addition, the cure or rehab must be carried out in a recognized institution of preventive medical care or rehabilitation. If this is also the case, employers are Committed, Continued payment of wages to their employees.

These conditions, which have to be fulfilled for continued payment of wages at a spa or rehab, are based on § 9 Paragraph 1 of the Law on payment of wages on public holidays and sickness (EntgFG). It says, among other things:

“The provisions of sections 3 to 4a and 6 to 8 apply accordingly to the prevention of work as a result of a measure of medical provision or rehabilitation, which has been approved by a provider of statutory pension, health or accident insurance, an administrative authority for the provision of war victims or another social service provider and which is carried out in a facility for preventive medical care or rehabilitation. "

However, employees must also ensure that they comply with their reporting requirements in accordance with Section 9 (2) EntgFG. Consequently, the supervisor must immediately approval notice of the social service provider or the medical certificate about the necessity of the project.

The special case of the mother-child cure

A mother-child cure also justifies continued payment.

There is often the question of whether there is a right to continued payment of wages for a mother-child cure. Does the same legal situation apply here as for “ordinary” cures and rehabilitation measures? The mother or father-child cure is also about a measure prescribed by the doctor. Parents are generally entitled to such a cure, regardless of gender, if they are threatened by an illness or are already ill.

And the course participants do not have to worry about financial security either. Because employers are actually also at a mother-child cure obliged to continue payment. In many cases, this means that the full monthly wages will continue to be paid. Of course, mothers and fathers must also make sure that they immediately present the relevant permits or medical certificates to their superiors. Otherwise it can Problems with the approval of the boss come. In this case, an employment lawyer can often help.

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33 thoughts on “Receiving continued payment of wages at cure and rehabilitation”

I have been sick for 9 months and receive sick pay. Now I have been granted rehab.
Do I still receive sick pay from my health insurance company during rehabilitation or is the rehabilitation facility responsible for it?

During this time, you will either receive sickness benefit from health insurance or transitional benefit from pension insurance. You should find out from your health insurance company again.

Your team from

I was just 3 weeks to the mother-child cure. My employer paid only a proportion of the SALARY, not for the time during the spa stay. How do I have to behave now??

please understand that we are not authorized to offer free legal advice. Please contact your employment law attorney with your concerns.

Your team from

Hello work full time as a waitress I am on a cure 4 weeks because of my skin do I get my wages during the 4 weeks? or does it pay the gkk?

As explained in the guide above, the employer is obliged to continue paying wages for a course of treatment, provided that the legal requirements of the EntgFG are met.

Your team from

Hello and good day,
I’m going to rehab with my son (12 years) next year (through DRV). I am the companion and I have been approved and it is necessary.
Now the question arises how the continued payment of wages takes place during this time? I heard from my employer (public service) that during this period I am unpaid and that after completing rehabilitation I should apply for the net salary from the pension insurance company.
How am I supposed to service my running costs (rent, electricity, etc.) for 5-6 weeks without pay; I cannot exempt them either.

Thank you in advance

you can get advice from the pension insurance on how to cope with the running costs.

Your team from

Hi there
My boss (working as a service worker) only paid me the average over the past three months after the cure. Is he allowed to do that ?

And how does that look from the (small) employer’s perspective? If a cure is considered to be incapable of working and applies the levy 1?

when and which funds are reimbursed depends on several factors. It is best to contact the relevant compensation office.

Your team from

I get a new hip joint on 1/18/19. After that I will do rehab. I expect to be on sick leave until the end of March because I work as a flight attendant.
Now my question is: can I travel abroad during the period of incapacity to work, in this case 2 days to Mallorca? Or is this an underwriting risk??

Thanks for an answer

there could actually be differences with the health insurance company. If you take a trip abroad while receiving sickness benefit, you must inform the health insurance company. If the health insurance company learns that you were abroad without notification, you could cancel the sickness benefit for this period.

Your team from

I was on sick leave for 6 weeks and two days from July to August 2018. At the advice of my doctor, I was prescribed a cure. I was able to work afterwards. I started my cure on December 4th, 2018. My employer did not pay me continued wages because I had a previous illness. I am entitled to continued payment of wages.
Sincerely yours

Hello Manuela,
Unfortunately, we cannot judge that, since we do not offer legal advice. If necessary, please contact a lawyer.

Your team from

I have a question. I was on sick leave for 5 weeks now. After that, I go back to work normally until rehabilitation begins. Do I get my normal salary or sick pay during my rehab period? Because rehabilitation results from the previous illness. Thanks for the answer.

Hello, what if the employer registers short-time work and I go to the mother-child cure at this time?

Between November 5th, 2018 and November 9th, 2018 I was in the hospital for an operation. After hospital discharge between February 11th, 2018 and December 3rd, 2018 I was on sick leave. Because the wound was enlarged, another open operation had to be performed.

I was again in the hospital between December 4th, 2018 and January 11th, 2019 (6 weeks). Since discharge from January 12th, 2019 I have been treated by my family doctor and I am currently on sick leave until February 17th, 2019.

Cure stay by the German Pension Insurance Federation (3 weeks) is also imminent and should take place in the middle / end of March, according to the rehabilitation center. Exact date is not certain yet.

From December 17th, 2018 until now I have received continued payment of wages by the KKH commercial health insurance.
I still have a small opening on my stomach, but that doesn’t cause me any pain.
Due to the fact that we have a staff shortage, I would like to work from February 18, 2019 until the course date.

Am I allowed to do that ? Is that possible ?

I wanted to ask before I forward the documents to my employer.

Hello Cüneyt,
we cannot judge that. Please speak to your doctor.

Your team from

I was from 3.7. 18 to 17.10.18 on sick leave and received sick pay. Now I’m supposed to do rehab. Then I immediately fall back into sick pay. How long do you have to work again to get continued wages.

I was now written 1 year AU, from 26.02.18-03.03.19. From 04.03.19 I go back to work normally. From 18.06.19-09.07.19 I go to oncological rehab. Can I get no continued wages during this time? Although I’ve been working for 3 months by then? May that be?
L.G. from Manuela

Hello Manuela,
Please understand that we do not offer legal advice and are therefore not allowed to assess what is or is not flawless in individual cases under labor law. A lawyer can help you with this question.

Your team from

I’m still in the trial period. Could I be released if I get a mother-child cure? May the employer fire me during the measure?

What about employment on a 450 euro basis? The employer must continue paying here?

my girlfriend was sick for 6 weeks and then work for 1 week and now she has been on the mother-child cure for 2 weeks (for 3 weeks). Your health insurance company has informed her that she is now paying sickness benefit.

Is that correct?

My son (12 years) received follow-up treatment from the health insurance company after an operation. I have a promise to accompany me.
How about the loss of earnings, I apply for payment from the health insurance or pension insurance?
LG Petra

Hello Petra,
You should inquire about this directly with the health insurance company.

Your team from

Hello, I was now on sick leave for 3 months, I am now back to work and will soon go to rehab, then I will receive a transitional allowance or continued wages?
Kind regards

Hi there,
I have properly registered my rehabilitation measure with my employer in good time.
2 days before the start of rehab, he has now registered short-time work for me.
If you get sick during short-time work (rehab counts as sick), the employer does not have to pay continued wages but short-time work applies.
My employer’s approach is allowed?
I registered for rehab before short-time work began.
LG Uli

Hello Uli,
in this case we would recommend that you have the whole thing checked by a lawyer.

Your team from

Hello everybody,
I have a question, if an employee has minus hours ordered in the upper double-digit range on his hourly account and then starts rehab (alcohol withdrawal), then the employer continues to pay the wages for six weeks. During this period, the employer can deduct the accumulated minus hours from the bill. It was originally agreed that these minus hours would have to be worked in again. Thank you in advance for your efforts.

Hi Markus,
Since this is a very special case, you should have the whole thing clarified by a lawyer.

Your team from

Dear Sir or Madam,
I have been working at my new AG for a month and will have 4 weeks of rehab the following month. Does the continued payment also apply to me? I work in public service (TV-L).
Thank you very much for your answer!

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