Sick pay after the end of the employment relationship

Verdict: Entitlement to sickness benefit even after termination

10/25/2011

Employees are entitled to sickness benefits even after the end of their employment if their sick leave starts on the last regular working day. An up-to-date court ruling allows employees to pay sickness benefits in such cases, although at the end of the employment relationship, the insurance policy that governs financial support in the event of illness actually expires.

Actually, the sickness benefit is intended for employees who can not work for a long time due to illness. With the end of the employment therefore ends the insurance with entitlement to sick pay, the previous legal opinion. However, even employees whose employment expires, may have a claim to the financial support from the statutory health insurance, so the recent judgment of the National Social Court of Essen (Az L 16 KR 73/10).

Health insurance apply for revision
For the statutory health insurance, the judgment of the State Social Court is like a disaster, since henceforth the right to sick pay also threatens after the end of employment. So on the last day of regular employment sick leave could become a popular scam to supplement their own income a little. The central associations of the health insurances have therefore currently requested a review at the Federal Social Court in Kassel (B 1 KR 19/11 R) against the judgment of the Landessozialgericht Essen of 14 July published on Monday. As long as this is still open, the judicial decision has no legal force. But in case of another defeat, the health insurance companies have hardly any other option than to pay sickness benefits even after the end of the employment relationship, if a doctor has written off those affected on the last working day.

For outsiders, the decision of the State Social Court Essen seems difficult to understand at this point, because actually the sickness benefit is intended for employees who are in employment and due to illness fail for a long time. Although, in principle, unemployment benefit recipients I have a right to sickness benefit in the event of illness, but the amount was based on the income at the beginning of the sick leave, ie the ALG I. In the event that the inability to work on the last day of employment begins, the affected now but entitled to payment of at least 70 percent of the last full gross monthly income up to a maximum of 90 percent of the last full monthly net income. Although the gross income is only taken into account up to the income threshold, with a payment period of up to 78 weeks for the same illness, the current court ruling can result in considerable additional costs for the statutory health insurance funds. These charges would have to be recouped via the membership fees of all insured persons. (Fp)

Picture: HHS