Sick on vacation: What applies to employees?

It is not uncommon for employees to become ill while on vacation. What is to be done then? The Federal Vacation Act clearly stipulates in this case: According to § 9, sick days are not counted towards annual leave. However, the prerequisite for this is that the inability to work is proven by a medical certificate. Not every illness automatically leads to incapacity for work. Incapacitated for work means that the illness prevents the employee from performing his or her specific work. The employer must be informed of the inability to work as soon as possible by telephone or e-mail.
If an employee becomes ill before the start of the vacation, he must refrain from doing anything that would jeopardize his recovery. If the planned vacation would prevent him from getting well again, he would not be allowed to take it at all. However, it may also be that the trip is more likely to promote health. In this case, the employee should seek medical advice and obtain a certificate. In addition, the employee and employer should exchange information about the situation so that no misunderstandings arise.
Further information: Krank im Urlaub | Personal | Haufe

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