That’s what experts say
Basically, there is no obligation to stay at home in the event of sick leave. Jochen Grünhagen, specialist lawyer for labor law from the Munich law firm Melcher Grünhagen, summarizes the legal situation in an article by Allianz-Versicherung by saying: “You just have to behave in such a way that you get well again as soon as possible – the illness doesn’t spread aggravated or prolonged”. He addresses an important factor that must be taken into account if you go on vacation despite being on sick leave: the recovery factor. This should be clearly in the foreground during the holiday and thus be conducive to restoring the employee’s ability to work. As Daniel Brügger, specialist lawyer for labor law, told Der Spiegel, the decision for or against a holiday trip should only be made after considering the individual case in order to rule out negative consequences. If a vacation is classified as not conducive to health or even dangerous to health, in the worst case there is a risk of termination without notice.
Case studies for clarification
A depressed worker who goes to a mountain or seaside resort, for example, is acting responsibly by improving their health through beneficial activities, says Grünhagen. However, anyone who goes on a strenuous and action-packed active vacation despite a respiratory illness, which exposes the affected organs to additional stress, violates the increased duty of care that must be observed during sick leave. It is advisable to clarify the holiday circumstances with the responsible health insurance company in advance if there are any uncertainties regarding the relaxation factor of the desired holiday.
Vacation abroad despite sick leave
Anyone who wants to take a holiday abroad despite being on sick leave must inform their health insurance company in good time about the upcoming plans, since the entitlement to sick pay is usually paused if the employee is not in the country in which he is insured (§ 16 Para. 1 No. 1 SGB V). It is only possible to continue to receive sick pay despite a stay abroad with the express consent of the responsible health insurance company. This regulation was stipulated because it is more difficult to prove the entitlement requirements for substitute benefits for people who are abroad and this process is often accompanied by massive difficulties. However, if the health insurance company is informed in good time about any travel plans, the entitlement to sick pay does not rest for stays abroad after an inability to work has occurred (§ 16 Para. 4 SGB V).
In addition: If there is a justified assumption that a sickness simulation is required in order to be able to take a holiday, the health insurance company is entitled to check this sufficiently in accordance with § 275 SGB V (Social Security Code – Part Five). Anyone who tries to get a holiday by feigning illness is threatened with termination without notice.
Inna Warkus / Editor finanzen.net
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