Working despite being on sick leave: What is allowed

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There is a lot of uncertainty when it comes to sick leave. Employees aren't sure what they are allowed to do while on sick leave and employers have to fulfill their duty of care - but what does that actually mean? We have taken a closer look at the topic of working despite being on sick leave and will explain to you what your obligations are as an employer and what freedom employees have while on sick leave.

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Disclaimer: All information on the pages of this website is for general information purposes only. It does not constitute legal advice in individual cases and cannot and should not replace such advice.

Can you work despite being on sick leave?
Can the employer demand that you work despite being on sick leave?
What happens if I go to work Cell Phone Number Database despite being on sick leave and injure myself?
Am I still insured while I am on sick leave?
Is vacation allowed despite being on sick leave?



feigning illness
illness during vacation
Manage absences digitally
Can you work despite being on sick leave?
In principle, you are allowed to work while on sick leave. There are no legal requirements that prohibit working while on sick leave. The sick leave itself only has two functions:

It serves as a determination that someone is currently unable to carry out his or her respective activities.
Secondly, it is a forecast of how long this situation is likely to last.
The sick note does not constitute a direct ban on work, but merely a certificate that the contractually agreed obligations cannot be fulfilled.

In this case, the question must be asked: Was it to be expected that the employee's inability to work would pose a risk? Or to third parties? For example, did the employee have difficulty concentrating due to his illness and therefore did not operate the machine correctly, thereby perhaps putting not only himself but other colleagues at risk?

If this is the case, the employer has failed in his 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 about a certificate that has been issued, even if the employee feels well enough to continue working. This is the only way the employer can fulfil its duty of care and decide whether to allow the employee to carry out his or her work despite the certificate of incapacity for work.

Of course, the employer also has a duty of care towards all other employees. When considering whether to allow an employee on sick leave to work, the employer should always consider the risk of infection.



Am I still insured while I am on sick leave?
Statutory accident insurance also applies while you are on sick leave - contrary to what many people claim. Professional liability insurance also continues to apply. In terms of insurance, nothing changes during the period of incapacity to work.

The same applies to the journey to work and back home. Employees continue to benefit from regular insurance coverage and do not have to worry if an accident occurs on the way to work.

Is vacation allowed despite being on sick leave?
The certificate of incapacity for work cannot prevent employees from going on holiday - as long as the purpose of relaxation is the main focus. After all, holidays have been proven to help alleviate illnesses in some cases - for example, sea air for respiratory diseases or generally new circumstances for mental illnesses such as depression.

Sick pay entitlement during vacation only exists for up to six weeks. During this time, you can go on vacation abroad in the EU without losing your entitlement to sick pay. The health insurance company cannot simply stop paying if you go on vacation abroad.

However, if the vacation hinders recovery, this is grounds for termination. This depends on the individual case, but if it is clear that the vacation activity can have a negative impact on the employee's health, this can be grounds for a warning or even, if repeated, for termination without notice. An example of such a case would be a skiing vacation when you have an acute bout of flu. It makes no difference whether it is a short vacation or a long-term planned trip abroad.

You also have to request your vacation from your health insurance company. You can only go on vacation if your health insurance company agrees.

feigning illness
Faking illness in order to be able to go on holiday is a breach of contractual obligations and even a criminal offence. In this case, the prerequisite for continued payment of wages, in this case wages without work, is faked. This is fraud. In many cases, the result is dismissal without notice.

illness during vacation
If employees become ill or injured during their holiday, they are entitled to make up these days after they have recovered. If they are on sick leave during their holiday period, these days are not deducted from their holiday entitlement.