Is work during sickness allowed?

The employee is not obligated to perform his work in case of sick leave. The incapacity to work due to illness is an exception to the principle of "no wage without work". The Remuneration Payment Act gives the sick employee a right to continued sick pay in the event of sickness for a period of up to six weeks. Upon termination of the sick leave, the employee is obliged to report back to the employer immediately.

According to the Remuneration Payment Act, the employee must present a medical certificate to the employer at the latest after a 3-day illness. This can be deviated from the employment contract and a certificate of incapacity for work can be requested from the first day of sickness. The probable duration of illness-related incapacity for work must also be indicated on the certificate of incapacity for work. This is a medical prognosis. The incapacity can actually be shorter or longer. A sick employee is allowed to work - even without a medical certificate of certificate of capacity. The certificate of incapacity for work does not contain any prohibition of employment and is only a prognosis at the beginning of the illness. Contrary to the prognosis, the recovery of the employee can also occur more quickly. A medical report is possible. However, there is legally no obligation to provide such a medical certificate.

However, the employer has a duty of care. If the employer is aware of the actual inability to work of the employee, he must neither demand nor knowingly accept inappropriate work. In contrary, according to an earlier court decision, the employer must discourage the employee from working. If necessary, the employee can assure the employer in writing that he is able to work. The employer is thus not entitled to accept the work of an apparently incapacitated worker. The employer not only has to consider his operational interests and the interests of the sick employee, but also the interests of the other employees (risk of infection, etc.).

Employees are insured an existing sick leave. This applies to both commuting accidents and accidents at the workplace.

However, if the employer breaches his duty of care, if the employee works despite the knowledge of incapacity to work and, for this reason (e.g. dizziness in case of severe fever), an accident occurs, the liability may be shifted from the insurance to the employer.