In principle, it is also possible to work during the period of sick leave. There are no legal requirements against working while on sick leave. The sick note itself has only two functions:
- It serves as a declaration that someone is currently unable to perform their activities.
- Secondly, this is a prediction of how long this situation is likely to last.
The sickness certificate does not constitute a direct ban on working, but simply a certificate that the contractually agreed obligations cannot be fulfilled.
The prediction is only a prediction and therefore can be wrong. If an employee feels healthy again after just three days, but is actually on sick leave for five days, there is no ban on returning to work.
Can I work every hour even if I am on sick leave?
Hourly work, which means working only a few hours rather than all day, is permitted despite sick leave. However, the employee should clarify his plan with his employer and his health insurance company before it leads to financial or legal disadvantages for him. So, if you work despite being on sick leave, you should definitely report this to your health insurance company. But it is not mandatory. For your health, however, you should carry out this work in your home office, if possible, so as not to infect your colleagues.
The hours worked are not counted separately, but are compensated by the continued payment of wages. It is therefore not possible to reduce or increase negative hours by working on an hourly basis while on sick leave.
How is work paid despite sick leave?
Payment if employees work despite being on sick leave will occur as normal. It doesn’t matter if the employee still works every hour during sick leave. Payment is through continued salary payments for up to six weeks at a time. The health insurance company then covers the salary as a so-called sickness benefit.
Can I work part-time even if I am on sick leave?
Sick leave applies to both main and part-time work. However, if these two differ radically in their work, it may be that it is no longer possible to carry out their main work. However, the work of part-time work can be resumed. This applies, for example, if the employee breaks something and has full-time physical work, but the part-time work is purely office work. If you only break one leg, you can return to your part-time job early if you wish.
Can the boss expect me to work despite being on sick leave?
A certificate of incapacity for work is a certificate that an employee is objectively unable to fulfill his duties. The employer cannot require work to be carried out during this period. Employers cannot force their employees to work despite being on sick leave.
However, if, as in the example above, the employee feels well again before the end of sick leave and wishes to return to work, employers are required to uphold their duty of care. If an employee ends his sick leave early, the employer must ensure that the employee actually appears fit for work. Otherwise, the employer should prohibit the employee from working. If the employer breaches its duty of care, it will be liable for damages.
What happens if I go to work despite being sick and get injured?
Let’s take the example of the employee who returns to work after three out of five days of sick leave and is released to work by his employer. Now he got injured while using a machine. And now?
In this case the question must be asked: was it foreseeable that there was a risk for the worker due to the inability to work? Or on behalf of third parties? For example, did the employee have difficulty concentrating due to his illness and therefore did not use the machine correctly, perhaps endangering not only himself but also other colleagues?
In this case the employer has not fulfilled its duty of care and is therefore responsible for the accident. He should have been aware of the risk and prohibited the employee from working.
For this reason, employees should always inform employers of the issued certificate, even if the employee feels comfortable enough to continue working. Only in this way can the employer fulfill his duty of care and decide whether to allow the employee to carry out his job despite the certificate of incapacity for work.
Of course, the employer also has a duty of care towards all other employees. When considering whether or not to allow an employee on sick leave to work, the risk of infection should always be considered.
Are holidays allowed even if you are sick?
The certificate of incapacity for work cannot prevent employees from going on holiday, as long as the recreational purpose is the main objective. Finally, in some cases, holidays have been shown to help alleviate illnesses, for example sea air for respiratory illnesses or new general circumstances for mental illnesses such as depression.
You are only entitled to sick pay during holidays for up to six weeks. During this period you can go on holiday to another EU country without losing your right to sickness benefit. Health insurance can’t simply stop paying when you go on holiday abroad.
However, if vacation gets in the way of recovery, this is grounds for dismissal. This depends on the individual case, but if it is clear that the holiday activity can have negative repercussions on the state of health, this can be a reason for a warning or even, if repeated, immediate dismissal. An example of this case would be a ski holiday with acute flu. By the way, it makes no difference whether it is a short vacation or a long-term planned trip abroad.
Besides that duty the holiday can be requested from the health insurance company. You can only go on holiday if I agree.
Faking an illness
Faking an illness in order to go on holiday constitutes a violation of contractual employment obligations and also criminal liability. Because in this case the obligation of continuous payment of wages, which in this case means wages without work, is false. So there is fraud. In many cases the result is termination without notice.
Sickness during holidays
If the employee becomes ill or injured during the holidays, he or she is entitled to make up these days after recovery. If you are on sick leave during your holidays, these days will not be deducted from your holiday entitlement.
Manage absences digitally
It can be beneficial for employers and employees to manage absences digitally. With apps like Clocking you can record absences in just a few clicks. Employers automatically have a good overview of employee absences in their working hours. At the same time, employees can use the system to report illnesses or request leave without much effort.
The digital project file can also be used to document the current status of all projects during project work and make it accessible to every employee. In the event of a sudden absence of an employee, the replacement can be quickly updated and knowledge is no longer lost so quickly.