Continuation of pay in case of illness - which regulations apply?
August 28, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
my name is Peter Baumgart and I have been working as an employed office clerk in a medium-sized company for five years. Recently, I unfortunately fell ill and had to take sick leave for several weeks. My employer did continue to pay my salary for the first six weeks of my illness, however, I was informed afterwards that I would only receive sickness benefit from the health insurance starting from the seventh week.
This information has left me feeling very uncertain, as I am not sure if my employer acted correctly. I am wondering what regulations apply in case of sickness and whether my employer is actually entitled to terminate my salary continuation after six weeks. I am worried about my financial situation, as sickness benefit is often significantly lower than my regular salary.
Could you please explain to me what the legal regulations regarding salary continuation in case of sickness are in labor law? Are there any exceptions that allow my employer to terminate salary continuation after six weeks? What options do I have to improve my situation and enforce my entitlement to salary continuation?
Thank you in advance for your help and support.
Kind regards,
Peter Baumgart
Dear Mr. Baumgart,
Thank you for your inquiry regarding sick pay. As an employment lawyer, I understand that this situation is very stressful for you and that you are concerned about your financial situation. I am happy to explain the legal regulations and your rights in this matter.
According to § 3 of the Continued Remuneration Act (EFZG), employees generally have a right to sick pay for up to six weeks in case of illness. Therefore, your employer is obligated to continue paying your salary during your illness for this period. After these six weeks, you will then be entitled to sickness benefits from your health insurance.
However, there are exceptions that allow your employer to end sick pay after six weeks. For example, if you are at fault for your illness, such as through alcohol or drug abuse. Previous illnesses or existing incapacity to work can also be reasons why your employer could end sick pay after six weeks.
In your case, it is important to determine whether your employer has correctly applied these exceptions. If you believe that your employer is acting unlawfully and that you are entitled to sick pay, I recommend seeking legal advice. A lawyer can assess whether your employer is in the right and help you enforce your rights.
Additionally, you can also try to have a conversation with your employer and seek a solution that is acceptable for both parties. It is important that you know your rights and are not afraid to assert them.
I hope this information is helpful to you and wish you a speedy recovery and success in your future career.
Sincerely,
Alexander Lenzner, Attorney at Law
