Sick on vacation: Rights and obligations at a glance

Are vacation days forfeited if employees become ill? And what are the legal implications if someone travels despite being sick? We provide an overview.

Summer is just around the corner, and vacation time will soon begin. But who wants to spend the best days of the year... cranks Having to stay in bed, one would like to at least make up for this free time later. What does that say? Employment Law to?

Vacation days are not lost

Vacation days on which an employee becomes ill are not automatically lost. With a medical certificate These days are allowed according to not on annual leave credited . Important is to inform the employer immediately about the illness informieren.

Is the employee in AuslandHe must also inform you that how long the expected duration of the incapacity for work and under what Address he can be reached there.

Practical tip: Vacation days missed due to illness are permitted not simply thinking about vacation attached Work will resume as normal after the originally approved leave expires. When the missed vacation days made up The details should be determined jointly with the employer.

Sick before the start of the holiday

Anyone who gets sick shortly before their vacation must not "to bite the bullet" and Traveling while sickIn this case, the employee has the right to take vacation in consultation with the employer. new to plan.

Approved is approved

There is often uncertainty as to whether an employee can be employed directly after Some employers require at least [a certain number of days] to be taken off work while ill before starting a vacation. a day in the workplace to appear. But there is something for that. no legal basis.

The legal experts from ARAG insurance clarify: "An already approved Vacation may only be refused in exceptional cases, for example, if the employer... urgent operational reasons "can be brought forward." Regulations that oblige employees to take vacation when needed to cancel and to work to return, are ineffective (Federal Labor Court, Ref. No. 9 AZR 405/99).

Vacation despite being on sick leave?

Whether someone trotz Sick leave while traveling is generally at one's own discretion, Also how far There is no law regulating how far away the travel destination may be.

A Exception applies if the trip Recovery hindered. An adventurous trip with a bad case of the flu or a skiing holiday with a broken arm Employment law consequences have – from a warning to immediate dismissal in case of repeated offenses (Federal Labour Court, Ref. No. 2 AZR 53/05).

Warning: Faking illness is fraud!

Anyone who has an illness pretends, Going on vacation not only constitutes a breach of contract, but also makes oneself unlawful. punishable – Keyword: fraud.

Which vacation days are used first?

Anyone who becomes ill and cannot take their full vacation time this year needs to know which vacation days are used first. Sick days do not count as vacation days. According to ARAG experts, the order in which vacation days are used is crucial. If there are both [unclear - possibly "vacation days"] in the year... statutory holiday as well as additional vacation days (e.g. from a collective agreement), and if the employer does not specify an order, the following applies: In will the legal Minimum vacation days used up, then additional vacation days follow.

Background: This order protects the minimum vacation entitlement because it is granted under certain conditions. last longer remains. Thus it will be prevented that additional leave is used first and the minimum leave is used later expires (Regional Labour Court of Rhineland-Palatinate, file number) 3 Sa 301/22).

Sick during overtime reduction

Those who take time off for leisure time overtime If someone gets sick, it can take days do not credit Let it be. This is about Legally, it's not about vacation., but about reducing working time credits.

Sick leave abroad 

A medical certificate from abroad is required the same requirements It should be equivalent to a German certificate of incapacity for work. as quickly as possible The notification must be sent to the employer. A simple message stating "I am sick" is not sufficient, according to ARAG experts. Those with statutory health insurance must also send their... Statutory health insurance the disease and its Duration Please report. Those with private insurance are exempt.

Trick with foreign certificates of incapacity for work expensive become. On Example This clearly illustrates the point: A warehouse worker fell ill while on vacation in Tunisia. A doctor certified him as unfit for work until September 30th, recommended "strict rest at home," and stated that the patient was not allowed to do not travelThe man nevertheless flew back to Germany on September 29th. The court doubted then on the actual illness and the Probative value the medical certificate. Since the man had frequently been ill during vacations in previous years, the Federal Labor Court overturned a prior ruling by the Munich Regional Labor Court. The employee must now provide the certificate himself. provethat he really unable to work was – only then is there an entitlement to continued payment of wages (file number). 5 AZR 284/24).

Source: ARAG

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