An employee is recovering from a cold and shows an interest in returning to work early. But is it permissible to work despite being on sick leave? And what impact does this have on the employee's insurance? Here are the most important points to bear in mind.
Is it permitted to work despite being on sick leave? Employees are generally allowed to work despite being on sick leave. A sick note merely states that the employee is unfit for work at the time it is issued. There is no general prohibition on working, as recovery takes place on an individual basis.
Employees decide for themselves when they feel well enough to return to work. However, employers may not insist that employees work despite being on sick leave.
Employer responsibility: The employer must ensure that the employee is fit for work and does not pose a risk to themselves or others. It can be a challenge to fulfil this duty of care as employees are not obliged to disclose details about their illness.
Sick note: There is no official sick note. Employees must be able to provide a certificate of incapacity for work from the fourth day of illness with the estimated recovery date. Since 2023, however, this does not have to be submitted by the employee. The employer is obliged to call up the eAU via the health insurance companies.
Pregnant employees: Pregnant employees may work despite being on sick leave, but this should be thoroughly thought through to rule out any risk to the unborn child.
Insurance cover: Employees who work despite being on sick leave enjoy the same insurance cover as others. The relevant legal provisions are set out in the German Social Security Code.