Your Right To Sick Pay
Through the Continued Remuneration Act, or Entgeltfortzahlungsgesetz, employees are entitled to pay during public holiday and for times of illness. The full name of this can also be referenced as “ Act on Payment of Pay on Public Holidays and in Case of Sickness”. These rights are available equally regardless of the type of contract, and applies to to full-time, par-time, mini-job and trainees employees. The only stipulation is that they should have already been employed for 4 weeks for this coverage, otherwise it can already be the insurance who pays for the time sick.
When it comes to illness, the employer must provide pay for at least up to 6 weeks to the employees, after which statutory insurance comes into play (where you can then be entitled to Krankengeld i.e. sick pay).
In order to have this remuneration, the employee is required to inform their employer once they realize that they are unwell, and subsequently must provide a valid sick note from their doctor from the date that they are sick within the timelines requested by their employer, generally by the next working day. The employer has no right to know what you are sick with, and the sick note will not disclose this to them.
Additionally, the sickness should be through no fault of the employee. Cases like abortions or sterilizations, preventative procedures and anything for the long-term benefit of the individual are okay.
How can your employer get out of paying”
If the employee doesn’t provide the note in time, the employer is within their rights to not pay during this time. That is why it’s crucial to have the note done in time. Furthermore, the 6 weeks stipulation is per illness; if for example you are sick with one thing, then a few weeks later get diagnosed with something else - the 6 weeks would restart.
If you are sick multiple times for the same illness, then the employer has the right to have your insurance cover this as you will have passed the 6 weeks for that illness. This can be a tricky process for them, since they technically will have privilege to your diagnosis. You are only entitled to an additional 6 weeks if the illness had previously taken you out of work for 6 months when you last had the illness, or if the beginning of the first time you had this illness was at least a year before.
In rare cases, and if your injury is caused by a third party that is liable for damage, an employer can also claim that the third party is responsible for paying your salary during this time. This is only if the employee is seeking damages directly from the third party.
Most obviously: an employer can also refuse to pay if there is evidence that you fake your sickness. In this case, there could be grounds for termination.