Sickness
"Sick = no pay!"
You are ill and the boss says you then get no pay.
§ 3 EntgFG
The boss may NOT do that
Wrong! Continued pay is the law!
When ill you are entitled to continued payment of your allowance for up to 6 weeks (§ 19 BBiG in conjunction with the Continued Remuneration Act). Condition: you have been with the company for more than 4 weeks and report sick correctly (inform the employer + provide a doctor's certificate).
What the law says
§ 19 (1) no. 2 BBiG – Continued payment of the allowance
Trainees must also be paid the allowance for the period of release under § 15 and in the event of incapacity for work for up to 6 weeks.
§ 3 EntgFG – Continued remuneration in case of illness
If an employee is prevented from working due to incapacity resulting from illness through no fault of their own, they are entitled to continued remuneration from the employer for 6 weeks.
What you can do
- Report sick on the first day of illness BEFORE the start of work.
- From the 3rd day of illness (or as agreed in the contract) you need a doctor's certificate.
- The 6-week rule applies per illness, not per year.
- If the company does not pay: request it in writing and set a deadline.
Email template for your trainer
Subject: Continued remuneration in case of illness
Dear [name of trainer / HR department],
I was unable to work due to illness from [date] to [date] and submitted a corresponding certificate of incapacity for work. However, my allowance statement for [month] is missing the continued payment for this period.
Under § 19 BBiG in conjunction with § 3 EntgFG, in the event of incapacity for work due to illness I am entitled to continued payment of the allowance for up to 6 weeks.
I kindly ask you to check this and pay the outstanding amount.
Kind regards
[Your name]