Weekend trip while being unable to work
March 8, 2011 | 25,00 EUR | answered by Jan Wilking
Please let me know as soon as possible if I am allowed to spend a hiking weekend in a hotel in the Sauerland with my husband during a period of incapacity for work due to depression. I would personally like to cancel the booked hotel, but my husband wants to go as planned. Please inform me if I would face any legal consequences or if I can go on the weekend without worries. Certainly, hiking in nature would not harm my illness.
Thank you.
Kind regards
Dear Seeker,
I am happy to answer your inquiry taking into account the facts you have presented and your commitment as follows:
The behavior allowed for an employee during a sick leave always depends on the medical condition. Because a sick leave does not mean that employees are only allowed to stay at home in bed. However, they must adhere to certain duties of care and always do everything to ensure that their recovery is not delayed. If an employee violates their duty of care and loyalty, this may potentially justify a behavioral termination, and in extreme cases, even an immediate termination. If an employee behaves in a way during their sick leave that delays their recovery, they may receive a warning, and in case of repetition, even termination. However, the burden of proof lies fully with the employer in this case.
Taking vacation during a sick leave is permissible under the following conditions:
- The vacation or activities must be beneficial for your health.
- The recovery process must not be compromised.
- They must not affect the end of the sick leave.
Based on the information provided, it seems that a weekend hiking trip would not harm your recovery, but rather have the opposite effect, so there should be no concerns regarding labor law consequences. If the vacation or trip is beneficial for your health, there is no reason not to take it, as the employer cannot prohibit something that is medically advisable.
However, it is recommended to have the mentioned conditions confirmed by your treating physician. To be on the safe side, inform your employer/health insurance of the doctor's recommendation.
I hope this initial guidance has been helpful. If you have any uncertainties, please use the free follow-up function.
Please note that without knowledge of all circumstances, I cannot give a definitive advice within the scope of this initial consultation. If you wish for a definitive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after providing all relevant documents.
Best regards
