Illness Danger for continued pay

Case of illness: Employees may lose their right to continued pay

07/01/2014

In Germany workers and employees have a right to sick pay in case of sickness. However, employees can lose these if they deliberately cause their illness. However, the scale is high.

In case of intentionally induced illness threatens loss of entitlement
If workers and employees get sick in Germany, they are entitled to continued sick pay. However, if employees deliberately cause their illness, they may lose it. But the standard is high. The German Bar Association has, according to a message from the news agency dpa on a verdict (Az .: 7 Sa 1204/11) on the subject. Accordingly, a restaurant employee had injured while working. The employee slipped and was then on sick leave for almost a month. At that time, the boss thought that he would not have to pay the salary during the illness.

Employee is not to blame
The employer twice advised the woman the day before the accident that her sneakers were inappropriate and had too smooth soles. But the employee had not complied with the hint. The Regional Court of Cologne saw it differently: the employer would not have to pay the salary if the inability to work had been brought about in a particularly rude manner, but that was not the case in this case. For example, high-heeled shoes would be completely unsuitable, but not sneakers. Therefore, the employee should not be blamed. Obviously, the employer did not consider the security risk as particularly high, otherwise he would have asked his employees the day before to immediately change their shoes.

Continued pay in case of illness regulated by law
Since 1994, the so-called continued pay in case of illness in Germany is regulated by law. Entitled to this, all employees have trainees for the duration of a maximum of six weeks, according to the Payments Continuation Act (EFZG). If health insurance is longer incapacitated for work, then usually sick pay will be paid by the health insurance. Not only full-time employees, but also part-time workers are entitled to continued pay. These include, among others, employees in a so-called mini-job. Continued pay is linked to certain conditions, such as an employment relationship that has existed for at least four weeks. (Ad)