How does a work incapacity affect your employment relationship?
If you are ill and cannot work, this has the following consequences for your employment relationship. Some are positive safeguards, others you must be aware of. If you are ill, you receive wages for up to 6 weeks, then sick pay from the health insurance. Your job usually remains in place, but illness does not automatically protect you from termination.
You should know:
- You continue to receive wages — often for up to 6 weeks. If you are ill and your illness is not your fault, your employer or your employer continues to pay your wages for up to six weeks.
- You must inform the employer or your employer and, if necessary, show a medical certificate. Usually, you must immediately report that you cannot work. If you are ill for a longer period, you need a certificate of incapacity for work from the doctor or your doctor.
- After 6 weeks, the health insurance takes over. If you remain ill for longer, your statutory health insurance covers the sick pay — your employer or your employer no longer pays.
- Job remains in place most of the time — illness does not automatically protect against termination. Illness alone does not always prevent termination. It depends on how long you are ill and whether the employer or the employer is severely affected by this.
- There is protection and rights — but you must report correctly. As long as you report sick and follow the rules, you are entitled to continued pay and possibly sick pay. You may recover and take care of your health.
What does this mean for you in everyday life:
- If you are ill, inform the employer or the employer as early as possible.
- If you are absent for more than a few days, you need a medical certificate.
- You still receive money — first from the employer or the employer, later from the health insurance if necessary.
- You do not have to fear that your illness automatically means the end of your job — but you should follow the rules.
- You have rights: continued pay, sick pay, protection in case of illness.
Further information can be found here:
- BIH – Continued remuneration in case of illness: explains when and for how long you continue to receive wages if you are ill.https://www.bih.de/integrationsaemter/medien-und-publikationen/fachlexikon/detail/entgeltfortzahlung
- IHK Essen – Illness in labor law: explains your rights and obligations in case of illness — e.g. continued remuneration, reporting sick and duration of incapacity for work.https://www.ihk.de/meo/recht-und-steuern/arbeitsrecht/krankheit-im-arbeitsrecht-2096360