Does my employer have to continue paying me if I am sick?
March 1, 2023 | 30,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
my name is Sven König and I have been working in a small medium-sized company for three years. Recently, I became ill and had to take sick leave for several weeks. My employer has been paying me my salary so far, but now I am unsure if he is obligated to do so.
My doctor advised me to rest and fully recover before returning to work. However, I am worried that my employer may stop paying me while I am sick. My salary is my only source of income and I have monthly expenses to cover.
Could you please explain to me if my employer is obligated to continue paying me while I am sick? Are there any legal regulations that could help me in this situation? What steps should I take to ensure that my employer fulfills his duties and continues to pay me my salary during my illness?
Thank you in advance for your help and support.
Sincerely,
Sven König
Dear Mr. King,
Thank you for your inquiry regarding wage payment during illness. In Germany, there are legal regulations that protect employees in such situations. According to § 3 para. 1 of the Continued Payment of Wages Act (Entgeltfortzahlungsgesetz - EFZG), an employer is obligated to continue paying an employee their wages for the period of incapacity to work due to illness. Wage continuation in case of illness is usually 100% of the gross salary and is provided for a period of up to six weeks.
However, there are exceptions to the obligation of wage continuation. For example, the employer may be exempt from paying wages if the employee intentionally caused the illness, for example by willfully injuring themselves. Additionally, the employee must promptly inform the employer of their incapacity to work and provide a medical certificate of incapacity to work.
In your specific case, where your employer has been continuing to pay your salary, it appears that they are complying with their legal obligation. However, if you have concerns that payments could be stopped, it is important to stay in contact with your employer and keep them informed of the progress of your recovery. Adhere to the legal requirements and regularly submit the medical certificates of incapacity to work.
If there are still issues with wage continuation, you can always consult a lawyer specializing in labor law to enforce your rights. In such cases, a lawyer can assist you in reaching an out-of-court settlement with your employer or, in extreme cases, take legal action to claim your salary.
I hope this information helps you and wish you a speedy recovery. If you have any further questions or need legal advice, I am happy to assist you.
Best regards,
Bernhard Vollmann
