What happens when an employee is sick during a holiday in Germany?

Public holiday / bank holidays:
In Germany, if an employee falls sick during a public holiday, it is treated as a non-working day, and the illness does not count against their statutory sick leave entitlement. This means the public holiday remains a day off, and the employee retains their right to be paid for that holiday, just like any other employee who is not sick.

However, if an employee becomes ill before a public holiday and the illness continues through the holiday, the situation is slightly different. German labor law stipulates that employees who are unable to work due to illness are entitled to continued payment for up to six weeks. If the illness spans a public holiday, this day is not deducted from the employee's statutory entitlement to sick leave. The holiday does not count as a day of sick leave because the employee would not have worked on that day anyway. Therefore, the public holiday does not affect the duration of sick leave entitlement, and the employee's sick leave continues as if the holiday were a regular non-working day.

It's important for all employees to comply with their employer's notification and documentation requirements for sick leave, such as providing a doctor's note (Arbeitsunfähigkeitsbescheinigung) within a specified timeframe, to ensure their rights are protected.

Vacation days:

In Germany, if an employee gets sick during their vacation, those days do not count as part of their vacation entitlement if the illness is properly documented.

German law requires employees to inform their employer immediately and provide a doctor's note (Arbeitsunfähigkeitsbescheinigung) as soon as possible.

The days on which the employee is officially certified as sick by a doctor are considered sick leave, not vacation days. This means the employee can later use their vacation days that were lost due to illness at another time, effectively ensuring that their entitlement to rest and relaxation is preserved.

This regulation is designed to ensure that employees do not lose their vacation days due to illness, supporting their right to both adequate rest and healthcare.

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What happens when an employee is sick during a holiday in Germany?