Sick in your vacations in Germany – this is what you should do

We have all been there - you've been looking forward to your (annual) vacation for a long time, it's finally here, you enjoy the first few days, sleep in, discover new things, take care of things that have otherwise been left behind, and - bang - suddenly you're sick. This scenario can be observed very well with colds. So this is what you should do work wise.

This symptom often occurs after stressful periods at work. The rest the body has been denied for a long time finally arrives and the body lets go to finally rest, lowers the tension and the defences and what had to happen happens, the immune system can no longer defend itself against the bacteria flying around and is literally overrun by them - and now you are lying in bed with a cough, cold and hoarseness during the valuable time you have off and actually wanted to use as “me - time”.

Sick in your vacation.

This article is not a guide to remedies for colds, as I'm not a doctor, but an attorney at law ;-) The legal question is - how is this to be assessed under labour law? German employment law has clear regulations on illness during vacation. The most important points to note in this context are:

1. vacation entitlement: If an employee falls ill during their vacation, they are entitled to not have these days counted towards their annual leave. This means that the leave is interrupted and can be made up later.

2. proof of illness: In order to claim entitlement to have days taken off due to illness, the employee must generally submit a medical certificate. According to the legal requirements, this must be submitted to the employer on the fourth day of illness at the latest. If the employee falls ill during their vacation and can prove this, they should inform the employer immediately. This means that the employer must also be informed during the vacation. Depending on where the employee is currently on vacation, the usual means should be used, for example an email to the supervisor with a photo of the medical certificate, some teams have agreed to use a messenger service, or even the facsimile, which is still very popular in Germany for legal reasons. In any case, it is too late to submit the certificate on the first day of work.

3. vacation entitlement in the event of prolonged illness: If the illness lasts longer, it may also affect the vacation entitlement for the current year. As a rule, the leave entitlement expires after 15 months, unless the employee was unable to take the leave due to illness or the company has agreed a different rule.

4. case law: There are numerous rulings that deal with these issues and confirm that illness during vacation may not lead to a reduction in vacation entitlement. The background to this rule is that the purpose of vacation is to recover and to regenerate and thus maintain one's ability to work and perform. Obviously, this is not the case if you fall ill while on vacation. In summary, employees who fall ill during their vacation have important rights that ensure that their vacation entitlements are maintained. However, it is essential to provide the relevant evidence and inform the employer in good time.

I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.

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