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Sick on vacation: You need to know these rules now!
Find out what holiday rules apply in the event of illness and other unforeseen events and how to protect your rights.
Sick on vacation: You need to know these rules now!
For many employees, the vacation period is a welcome opportunity to relax. But what happens if you get sick while on vacation? A recent analysis of Radiowmw clarifies central questions about this scenario and provides legal information that can be important for every vacationer.
In the event of illness while on vacation, it is possible that the vacation days can be returned provided that incapacity for work is proven by a medical certificate. This means that the days on which you were sick are not counted towards your annual leave (§9 BUrlG), emphasizes Specialist lawyer. However, the return of vacation days requires that all necessary information must be submitted to the employer in a timely manner.
illness abroad
It is particularly important to inform your employer immediately if you become ill abroad. The start and expected duration of the illness as well as the location and telephone number should be stated. This information must also be communicated to the statutory health insurance company (Section 5 Paragraph 2 EntgFG).
The medical certificate must confirm actual incapacity for work from the first day. If you report sickness late, it will only be valid from the time of the doctor's visit. In addition, foreign certificates usually also have to comply with domestic regulations, although certificates from non-EU countries do not have to be accepted.
Holiday entitlement during illness
Particular attention is paid to the regulations for returning to the country. Employees must inform their employer and their health insurance company immediately about their return. Unauthorized extensions of vacation due to illness are not permitted; For this purpose, a new application must be submitted and approved.
Another aspect is that in the case of illnesses that were caused by third-party negligence, such as a traffic accident, the details of the person responsible must be provided. Employers can suspend continued wage payments if the documentation requirements are not met (Section 7 EntgFG).
Cancellation and postponement of vacation
It is important to mention that employees are not responsible for their availability during their vacation, unless this is stipulated otherwise in the employment contract. Employers cannot unilaterally revoke approved vacation days - any changes must be discussed in an agreement with the employee.
Given this information, it is advisable to find out in advance about your rights and obligations regarding vacation and sick leave to avoid unpleasant surprises. Vacation is a time for relaxation and ideally should not be overshadowed by health problems.