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Vacation despite sick pay: What employees need to know now!
Employees who receive sick pay can go on vacation under certain conditions. Find out more about the legal framework and the required approval.
Vacation despite sick pay: What employees need to know now!
A groundbreaking ruling by the Federal Social Court in Kassel is causing excitement among employees! The judges have decided that employees who receive sick pay can go on vacation - but only under certain conditions. This means that a trip to another EU country does not automatically result in the loss of sick pay as long as there is no suspicion of abuse. The case of a scaffolder who was on sick leave because of back pain and wanted to go on a five-day trip to Denmark brought this important decision to light.
But be careful! Employees who are on sick leave for more than six weeks must obtain approval from their health insurance company before going on vacation. In this case, the health insurance company rejected the scaffolder's application, even though his doctor gave a positive assessment. The fund was concerned that the trip could worsen his illness. But the Federal Social Court rejected these concerns and made it clear: “The health insurance company must grant consent to the stay abroad if there is no doubt about the inability to work and there is no abuse of benefits.”
Important rules for vacation with sick pay
The decision has clear guidelines: Employees are allowed to travel despite being on sick leave, but approval from the health insurance company is essential. Suspicion of abuse, for example if the trip is used to conceal the state of health, can lead to problems. It must also be ensured that appropriate medical care is guaranteed abroad and that recovery is not jeopardized.
The consumer advice center recommends that you carry a medical certificate confirming your inability to work during the trip. Anyone who travels without authorization runs the risk of not receiving sick pay during their stay abroad. In the worst case, this could also have a negative impact on future claims. A clear appeal to all employees: Be well informed and obtain the necessary permits before packing your bags!