Ask a lawyer on the topic of Labor law

Within which period will incapacity for work due to the same illness be summarized?

November 23, 2009 | 30,00 EUR | answered by Steffan Schwerin

I am employed under TVöD and have now requested a reduction in working hours. During the working phase, periods of incapacity to work are taken into account, half of the sick days are added if it goes on for more than 6 weeks. I was sick for 4 weeks in July and 3 weeks in November, with the same illness. The BKK has now written that within a certain deadline, the sick days will be combined, as it was the same diagnosis each time. Therefore, I exceeded 6 weeks of incapacity to work and had to apply for sick pay, and some days will be added to the working phase. Since this illness will definitely recur during my remaining 3-year working phase, I am interested in the "specific deadline" (period) in which the BKK can combine the same illnesses. Different illnesses cannot be combined.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the facts described and your input as follows:

The entitlement to continued payment of wages exists for a maximum of six weeks. After that, sickness benefit is paid by the health insurance.

If an employee falls ill repeatedly with the same illness within twelve months (calculated from the beginning of the first illness), the days of illness are added up until the aforementioned six weeks are reached.

However, if the employee has worked between two individual illnesses for longer than six months, the six-week entitlement to continued payment of wages starts again.

The accumulation is done for the same illness. Whether the "same" illness is present depends on the doctor's diagnosis. Different illnesses are not added together.

These regulations and the deadlines mentioned above are legally regulated and therefore apply to every health insurance, including BKK.

Lastly, I would like to point out that this platform cannot replace a detailed and personal legal consultation. Its sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal advice I give is based solely on the facts you have provided. Adding or omitting relevant information in your description of the situation can result in a completely different legal assessment.

I hope I have provided you with an initial overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am of course available for legal representation. I would credit you the full initial consultation fee.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication means such as email, mail, fax, and telephone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
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Email: raschwerin@raschwerin.de
Internet: www.raschwerin.de