6 weeks sick, then vacation, then sick again?

If someone is sick for six weeks, then takes a Vacation and gets sick again afterward, it can have various effects on the Vacation entitlement and continued payment of wages. According to German labor law, vacation entitlement remains even if someone is on sick leave. This is because an employee accrues full Vacation entitlement even during incapacity for work.

Things get interesting if the illness continues during the Vacation or reoccurs. If someone falls ill during the vacation, according to § 9 of the Federal Vacation Act, they have the right not to count the sick days as Vacation days. This means that sick days do not automatically extend the vacation, but they do not reduce the number of remaining Vacation days either.

Continued payment of wages in the event of illness is somewhat more complex. As a rule, there is statutory continued payment of wages for six weeks. If the first illness phase ends right before the vacation, a new six-week period of continued payment of wages begins after the vacation, provided it is a new illness. However, if there is an immediate connection or a worsening of the existing illness, it counts as the same illness. The continuation period does not start anew in that case.

It is also important for the employee to cooperate. Doctors and employers must be informed. Medical certificates are necessary to assert these rights. In serious cases, ambiguity about sick days and Vacation entitlements can lead to misunderstandings and legal disputes. It gets tricky if someone engages in what is known as "feigning illness," which is strictly prohibited and sanctioned.

In special cases or uncertainties about continued payment of wages and Vacation entitlement, consulting with specialized labor lawyers or the union can be worthwhile.