I have the right in Germany: “Payment of sick leave upon dismissal”

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─ Hello, editorial staff!

My sister had a very sad story. She became seriously ill and was on sick leave for 10 months. After that I went to work. She worked for a little over seven weeks and again went on sick leave. She got fired three days later. She understands everything, we expected it. She was given a hospital stay for four weeks, as she had to prepare for the operation, then rehabilitation. Sick leave, of course, will be extended. The contract was for 32 hours a week. The company paid only for hours worked, sick leave for two weeks, no.

According to the terms of the contract, and she worked for more than 10 years, the term of her dismissal is five months. Tell me, who will pay her salary this time? Will the entire salary be paid in full or on a percentage basis? It is clear that after the end of the contract, the health insurance fund pays. Interested in exactly who is paying now? And should I pay? If a sister leaves sick leave within five months, should she go to work? She’s already fired …

Irina T., Wiesbaden.

─ Dear Irina!

Unfortunately, none of us is immune from illness. Your sister was on sick leave for 10 months and, after working for 7 weeks, went back to sick leave. This situation forced the employer to terminate the employment contract. If the sister has worked for 12 years, then the term for dismissal is 5 months. If the sister has been in an employment relationship for less than 12 years, then the term for terminating the employment contract is 4 months. The above terms are governed by § 622 BGB. Only after the expiration of the term (4 or 5 months, depending on the years worked), the employment relationship will be terminated. Thus, your sister is obliged to start work if she leaves sick leave before the end of her employment.

Your sister worked for a fairly long time and could qualify for monetary compensation (Abfindung) in connection with the termination of the employment contract. Usually, a timely appeal to a lawyer allows you to resolve this issue without a trial.

In the event of an employee’s incapacity for work, the employer is obliged according to § 3 Abs. 1 S. 1 Entgeltfortzahlungsgesetz pay six weeks of sick leave. We assume that the employer paid for your sister’s first sick leave. In the case of your sister, the employer is not obliged to pay the second sick leave in case of repeated incapacity for work_ caused by the same disease (according to § 3 Abs. 1 S. 2 Entgeltfortzahlungsgesetz). The sister worked only seven weeks and again went on sick leave. She is entitled to paid sick leave (Krankengeld), the corresponding payments will be made by the health insurance fund.

Lawyers Maxim BRITANOV and Irina GERMAN,

Law office Fabrika Prava Britanow & Dr. Hirsch

Tel .: +49 (0) 69 26 49 22420


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