Be sick and go on vacation?
Illness and vacation leave actually do not go together. If you are sick and want to go on vacation, you run the risk of being dismissed by your employer. Ultimately, it depends on the circumstances.
If your vacation is fixed and you fall ill before you start your vacation trip, your employer cannot insist that you use the vacation days as such. Rather, you have the right to have the vacation set again.
If you are sick, you cannot take a vacation
- Your vacation is for relaxation. If you are sick, you cannot recover; you have to recover during this time. When you become ill, the time limit for the vacation becomes obsolete, as the vacation entitlement can then no longer be fulfilled.
- The time during which you are ill due to a medically certified incapacity for work is not counted towards your annual leave (Section 9 BUrlG).
- However, you are not allowed to take leave of your own accord after you have recovered. You have to discuss the vacation with your employer and have it approved. Otherwise you risk termination without notice.
Holidays are for relaxation
- If you are sick and still want to go on vacation, you need to know that you are actually doing the opposite. You are sick and must do everything possible to recover and restore your working capacity.
- Basically, you are forbidden to do anything that is detrimental to your recovery. Actually, you are not allowed to go on vacation. In these cases, the jurisprudence is repeatedly called for and decides on a case-by-case basis.
- But it also depends on the circumstances and the nature of your illness. If you risk your illness worsening as a result of the stress of a vacation trip, you are acting contrary to your duty of loyalty to the employer. At most, if the stay far away from your place of residence shows healing powers, the employer should not mind if you leave anyway. However, it is then not a vacation, but you are traveling more for recovery purposes.
- In any case, it would be a prerequisite that you agree with the employer. You should actually be at home in the bed your employer will not understand if you think you will get better in a hotel in Zanzibar.
- So remember: if you feel strong enough to go on vacation, you should be strong enough to go to work. If your employer takes this point of view and can justify it with the nature of your illness, you have a problem.
If you are on sick leave, you must follow the doctor's instructions and then ...
Either you drive or you get healthy
- As a result, you should behave fairly and make decisions. Either you go on vacation saying you feel strong enough to do so, or you are sick and stay home.
- In any case, you risk behavior-related or even termination without notice if it turns out that you are sick and go on vacation and thus double benefit from the situation at the expense of the employer draw.
- Avoid such a situation and book a travel cancellation insurance that covers the cancellation costs if you are unable to travel due to illness.
How helpful do you find this article?
The content of the pages of www.helpster.de was created with the greatest care and to the best of our knowledge and belief. However, no guarantee can be given for the correctness and completeness. For this reason, any liability for possible damage in connection with the use of the information offered is excluded. Information and articles must under no circumstances be viewed as a substitute for professional advice and / or treatment by trained and recognized doctors. The content of www.helpster.de cannot and must not be used to make independent diagnoses or to start treatments.
