Part-time sick leave should be possible in Germany in the future. This means that an affected employee can work part of the time during the illness and take sick leave for the rest of the period. However, this only applies to incapacity for work of at least four weeks. The federal government decided this in the draft health care reform bill. In the next step, the Bundestag must vote on the draft.
The model for partial incapacity for work – also known as part-time sick leave – is Scandinavia. Based on the models there, the federal government has now developed its own variant for Germany, which is anchored in the new draft law. If it is now foreseeable that insured employees will be absent for longer than four weeks, they can continue to work with part-time sick leave – with reduced working hours, during their certified incapacity to work.
The requirements for part-time sick leave
These are the requirements for this:
- There must be a medically diagnosed inability to work that lasts longer than four weeks
- The employee must be able to do so due to his or her health.
- The treating doctor determines a corresponding partial inability to work amounting to 25, 50 or 75 percent of the regular weekly working hours.
- the employer must agree to the partial start of work within seven days.
The draft lists the following long-term illnesses as examples that would qualify for part-time sick leave: “mental illnesses, such as depressive episodes, anxiety disorders or adjustment disorders, in which a gradual increase in stress can be therapeutically useful,” but also “spine diseases in which a reduced workload can help stabilize recovery.” Furthermore, “oncological diseases, especially during or after stressful phases of therapy in which there may be limited ability to work,” are suitable for this.
The employer is generally given seven calendar days – after the employee has notified him or her of the desire for part-time sick leave – to check whether the workplace allows proportionate work. However, if the employer does not provide a declaration within these seven days, the job is considered suitable. However, the employer is also permitted to refuse such partial incapacity to work. The employee is then still considered to be on full sick leave. The employer is also not obliged to set up or adapt a workplace in such a way that partial performance of the original activity is possible.
The Continued Payment of Wages Act remains unaffected by part-time sick leave
The previous regulations regarding continued payment of wages remain in effect even in the event of partial sick leave. What changes, however, are the regulations regarding sick pay after six weeks of absence due to illness. Here, employees are entitled to partial sick pay if they are on sick leave part-time. This means that the health insurance company then only pays sick pay in proportion to the working hours not worked. At the same time, the employer pays the salary for this period in accordance with the work performed.
The regulation of part-time sick leave is not well received everywhere. Andreas Gassen, CEO of the National Association of Statutory Health Insurance Physicians (KBV), recently sharply criticized the proposal for part-time sick leave. His criticism focused in particular on the additional work that such a regulation would mean for doctors.
Tonia Schöler is a volunteer at Human Resources.
