Continued Payment of Wages in Case of Illness

Tonsillitis, gastrointestinal infection, or influenza — In Germany, employees do not have to forego their income even if they are ill. Continued payment of wages, which is regulated by law, ensures that employees remain financially secure during their incapacity to work. But what are the requirements? And what do employers have to consider? Here is a comprehensive overview.

What does continued payment of wages mean?

Continued payment of wages (also known as continued payment of remuneration) is understood as the employer's legal obligation to continue paying the full salary to an employee who is ill. This regulation is based on the Continued Payment Act (EntGfG) and affects all employees subject to social security contributions.

Requirements for entitlement to continued payment of wages:

1. The employee has been at least Four weeks employed by the employer.
2. The disease is No fault of its own.
3. One Certificate of Incapacity for Work (eAU) Is available.
4. The illness persists during regular working hours.

Who is eligible?

The Claim applies to full-time and part-time workers subject to social security contributions as well as to Mini-jobber, Working Students and Seasonal Workers, provided that the above conditions are met.

Current Discussion about waiting days

Federal Minister of Labor Hubertus Heil Took a clear stance against current considerations to cancel continued payment of wages on the first day of illness. In his statement to RND, he emphasized: “Anyone who places registered ill workers under general suspicion of playing hooky has a distorted image of working people in this country.” German workers are not “quitters and idlers,” explained the minister.

The Minister of Labour warned of the social consequences of such a regulation, which would particularly affect low-income earners and especially women. Restricting continued payment of wages is out of the question for him.

At the same time, the minister clarified his position on actual cases of abuse. “I have no sympathy for bluemakers,” says Heil. He referred to existing legal options: In cases of suspicion, employers could request a certificate of incapacity to work from the very first day. In addition, people who are caught absentee from work without authorization face consequences under employment law.

How long will the salary continue to be paid?

According to § 3 EntGfG, the employer is obliged to 42 calendar days Continue to pay your salary (six weeks) per sick day. This period starts the day after the reported incapacity for work. At the end of this period, the health insurance company takes over and pays sickness benefit.

Exemple:

An employee falls ill on the 1st of the month. The employer pays until the 12th of the following month. From the 13th day, payment is made by health insurance.

When does the right to continued payment of wages cease?

In certain situations, the employee's right to continued payment of wages expires:

• Missing evidence: No medical certificate or follow-up certificate is submitted.
• Self-indebtedness: The illness is caused by grossly negligent conduct or intent.
• End of contract: The employment relationship ends during the period of incapacity for work.

Special regulations for continued payment of wages

Illness while on vacation

If an employee falls ill during their vacation, the affected days are not considered vacation days in accordance with Section 9 of the Federal Leave Act. The presentation of a medical certificate is a prerequisite. Continued payment of wages remains the same.

Special cases at the end of the contract

Even if the employment relationship ends, there are claims in certain cases:

• The employer dismisses the employee due to illness.
• It is terminated by mutual agreement.
• The employee resigns for reasons for which the employer is responsible.

Roles and Duties of Workers

Employees are required to report their inability to work immediately and to submit a medical certificate no later than the third day of illness.

Practical tips for employees:

• 📞 Instant message: Inform your employer early on, ideally by phone or email.
• 📋 Water: Report to your employer as soon as you have been to the doctor. The Doctor sends an electronic certificate of incapacity for work directly to the health insurance company, which can be retrieved by the employer there.

Duties and Duties of Employers

Employers are required to communicate clear guidelines for sick leave and to continue paying wages on time. An overview:

How ZEP supports recording absenteeism

In many companies, recording absenteeism, such as cases of illness, is a key challenge. The ZEP module Overtime, absenteeism and vacation Significantly facilitates this process:

📲 Easy absenteeism recording: With ZEP, employees can document their absences, including cases of illness, quickly and easily.

🕒 Clear presentation: Employers receive a clear overview of absences, which makes planning and organization easier.

📊 Detailed evaluations: The software enables companies to carry out absenteeism analyses in order to identify potential for optimization.

Efficient processes with ZEP:

By using ZEP, companies save valuable time and minimize administrative costs. The intuitive operation ensures that absences are correctly recorded and that the HR department is optimally supported.

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Conclusion: An important protection for all parties involved

Continued payment of wages in the event of illness protects employees from financial losses and gives employers clear guidelines for dealing with cases of illness. It is crucial that both sides know and comply with their rights and obligations.

📌 Tip 📌

Use modern tools such as ZEP to efficiently record absences and avoid misunderstandings.