Working Life > Healthiness > Inability to Work

Inability to Work

Definition, Explanation

Tips, Checklist

Definition, Explanation

Inability to work means an employee is not able to carry out his contractually agreed work due to illness or other correlating rehabilitation measures. The employee must prove this by means of presenting his employee and the health insurance company a medical certificate of inability. Besides diagnosing the illness, the estimated time off sick is also stated. This certificate must be presented on the fourth day at the latest. Only in this case can one guarantee a continuation of salary payments. If the period of illness is less than 3 days, informing the employer orally suffices. However, the employer also has the right in this case to demand a medical certificate of disability.

Statutory insured people receive a three-part form. One copy if for the health insurance, one for the employer that does not state the illness and one for the patient's file at the doctor's. Privately insured people either receive the same form or a sick note written by the doctor.

The duty of disclosure and proof also apply when going to a health spa.

While you are off sick, the employer continues to pay you your salary, for 6 weeks at the most. After that, you as employee receive statutory sick pay from your statutory health insurance; that means 70% of your last gross salary, 90% of your net salary at the most.

Tips, Checklist

• Call in sick immediately. The best thing to do is call your employer before work starts. According to the Social Act, this also applies if you are drawing unemployment benefit from the Job Centre. In that case, contact the person responsible for you there
• As soon as the doctor has ascertained that you are unable to work for more than 3 days, send your employer the medical certificate of inability
• As soon as you go back to work, you should report to the personnel department. In larger companies, this is important

Last update: 12/27/2009