Get sick in unemployment and receive sick pay
Even as a self-employed person, you can register as unemployed under certain conditions - and of course you can also fall ill if you are unemployed. In order to receive sick pay, it depends on whether you, as a self-employed person, have taken out a corresponding optional tariff.
Even when registering as unemployed, different things have to be observed for the self-employed than for employees. If you are effectively unemployed due to a bad order situation and then you also get sick, it can be cheaper to register as unemployed first.
As a self-employed person, fall ill and become unemployed
- As a self-employed person, you are only entitled to sick pay from your statutory health insurance company if you have concluded a so-called optional tariff that includes sick pay. Even then, however, sickness benefit is usually only paid from the seventh week of inability to work.
- If you are self-employed in the unemployment slip and are or become sick at the same time, then it can be beneficial to register as unemployed first.
- Because according to § 146 para. 1 SGB III there is an entitlement to continued payment in the event of unemployment when receiving unemployment benefits. The unemployment benefit will then continue to be paid for up to six weeks - according to the entitlement to continued payment of wages as an employee.
- After this period, the self-employed with the appropriate insurance tariff will also receive sick pay from the statutory health insurance.
- However, as a self-employed person who, due to a mandatory insurance relationship, you should apply in accordance with § 28a SGB III is insured in the unemployment insurance, observe a special regulation: § 28a para. 2 sentence 2 SGB III, such an insurance relationship can no longer be established if the person who does this applied for, had already been insured in this way and interrupted her work twice and then received ALG I Has.
- This means that as a self-employed person you can only register as unemployed once if you have the opportunity to insurance do not want to take risks in unemployment insurance.
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The amount of sick pay
- According to Section 47 subs. 1 SGB V, the amount of sick pay is based on the standard pay or of the gross wage and is 70% of that.
- For the self-employed, the contribution is based on Health insurance Although based on a fictitious minimum income, if the actual income is below this fictitious minimum income, sickness benefit is only paid in relation to the actual income (cf. the judgment of Federal Social Court dated March 30, 2004, B 1 KR 32/02 R).
- If you have a very low income as a self-employed person, the unemployment benefit can therefore be much higher than the sickness benefit.
Self-employed people who become sick and unemployed should carefully consider whether they should be registered as unemployed before reporting sick.
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