Usually no continued pay for outpatient cures

BAG: Kur may not have a "holiday cut"
(Jur). As a rule, employees have to take leave for an outpatient provision. There are exceptions only for cures in statutory pension funds, which also offer inpatient cures, judged on Wednesday, May 25, 2016, the Federal Labor Court (BAG) in Erfurt (Az .: 5 AZR 298/15). In general, the spa should have "no customary cut".

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The BAG dismissed a cook employed by the state of Lower Saxony. In October 2013, she underwent a three-week treatment at the "Spa and Wellness Center" of the North Sea island of Langeoog. There she received various baths, massages and a further 30 applications. In addition, she should inhale daily at the surf zone of the sea.

The cure was subsidized by the health insurance of the cook. She applied for a paid leave from her employer. Because the country refused, she took leave first. With her complaint, the cook claimed that her employer had to pay her sick pay due to illness; Therefore, the cure should not be counted towards the holiday. However, it remained unsuccessful by all instances.

The BAG now stated that the "sick pay claim" claimed by the cook required, according to the law, a cure approved by a social insurance institution, "which is carried out in a medical provision or rehabilitation facility". However, a provision requiring hospital treatment was removed from the 2001 wage maintenance law.

According to the Erfurter judgment, the prerequisites of the wage continuation law continue to be met only by pension or rehabilitation facilities within the meaning of the German Social Security Code (§ 107 SGB V). These are facilities that offer in-patient cures and comply with certain medical-technical requirements. Patients must be able to at least "be accommodated and fed there".

Therefore, according to the BAG, a claim to continued salary may exist even if the medical treatment takes place in such a spa facility, but the accommodation and meals in individual cases are not.

In case of dispute, the "spa and wellness center" on Langeoog did not fulfill the legal requirements. Therefore, the BAG dismissed the claim of the cook. mwo / fle