Continued payment of wages in the event of illness

Continued payment of wages in the event of illness has been regulated in a uniform manner since 1994 in the Continuing Pay Act (EFZG), §§ 3 ff. For employees. What rights you have for continued wages Experienced You in this article.

The most important requirements at a glance

Continued payment of wages in the event of illness is possible if you meet all of the above requirements. The boss has to pay an amount (continued wages) for a period of 6 weeks which the sick employee would have received in the same amount as salary.

This means that wages are always paid at 100% of the actual wages. Overtime is excluded from this rule.

If there are further illnesses of the worker and accordingly continued sick pay? Then you can reassert the right to payment for the respective illness. But are the new illnesses the same basic illness? Wages will only be paid again if the employee has worked without interruption for another 6 months or 1 year has passed since the last continued wages.

There is full boss salary for 6 weeks if you are sick at home. But you have to meet the following requirements:

report sick in time,
Consult a specialist,
to be unable to work,
Beware of self-inflicted accidents (!),
Employment relationship at least 4 weeks old.

For continued payment of wages in illness you must meet these requirements:

1. Continued payment of wages: Illness and duty to notify

An illness is a mental or physical impairment. This leads to inability to work and / or makes healing treatment necessary. The type and cause are irrelevant. If an employee falls ill, he must inform his boss immediately. This is the only way to make payment in time in the event of illness.

2. Continued payment of wages: Proof of incapacity for work through a medical certificate

If an illness lasts more than 3 days, the employee is obliged to show a medical certificate within 3 days but by the 4th day. So there is a timely continued payment of wages in the event of illness. A few employers also require the disability certificate to be presented immediately. The choice of doctor is the sole responsibility of the employee.

Note: Workers who "turn blue" to possibly work in black run the risk of being given notice immediately. In this case there is no longer a wage payment. If there is reasonable suspicion, the employer can hire a detective to have the employee monitored. What many do not know: The employee bears the resulting costs – but of course only if the suspicion approved!

Makes the employee blue. If he goes to work in the black and gets caught. There is notice of termination instead of continued payment of wages.

3. Continued payment of wages: Fault of the disease

If an employee wishes to receive continued sick pay, he must not have caused his illness himself.

Car accident indebted?

If, for example, a heavily trafficked road is crossed lightly, there is a debt. If the max. But not speed yet.

But: Anyone who drives a car and is not wearing a seat belt is responsible for the incapacity to work in the event of an accident and cannot expect continued payment of wages.

Is pregnancy legally terminated? Then there is no fault. If, on the other hand, an employee is unable to work after a donation of organs, he is to blame for it according to the Federal Labor Court – questionable but true.

In the case of sport, the case law decides more freely. “Sports” such as finger-hooking, amateur boxing, hang-gliding or soccer are permitted as long as you adhere to the necessary safety precautions.

Continued payment of wages in the event of illness

Continued payment of wages in the event of illness and small businesses

Small businesses are companies that usually have no more than 20 employees. For this, the Wage Continuation Payment Act provides for a continued wage payment for legally insured persons of 80% of the salary in accordance with § 10. This rule is intended to compensate for the increased economic burden.