An employee covered by a collective bargaining agreement is considered unable to work if, due to an existing medical condition, he or she can no longer perform his or her current job duties or if performing those duties would exacerbate his or her medical condition. He or she is also considered unable to work if his or her acute medical condition does not yet result in an inability to work, but the work being performed would cause an immediate inability to work.

The employer must be notified immediately of any inability to work. This means that the employee covered by the collective bargaining agreement must inform the employer by 8:30 a.m. at the latest on the first day of the inability to work. This also applies to subsequent illnesses.

If an employee on a collective bargaining agreement leaves work early due to illness, that day does not count as a sick day. Employees participating in the flex-time program may request a time adjustment for that day.

When you return to work after your illness, you should contact your supervisor immediately so that he or she is aware of your return.
In the event of a long-term illness (>6 weeks), please be sure to also notify the Human Resources Department to ensure that your pay is resumed if necessary.

Employees covered by a collective bargaining agreement are generally entitled to six weeks of continued pay in the event of illness. After that, they can receive sick pay from their health insurance provider. If an employee covered by a collective bargaining agreement becomes ill again with the same illness through no fault of their own, they are entitled to an additional six weeks of continued pay only if, prior to the recurrence of the inability to work, they had not been unable to work for at least six months due to the same illness, or if a period of 12 months has elapsed since the onset of the first inability to work due to the same illness.

Even after the paid leave period has ended, you are still required to submit a doctor’s note. Doctors certify the continued inability to work after the end of the paid leave period on a certificate for sick pay. A copy of this certificate is therefore sufficient proof of continued inability to work.

If the employee covered by a collective bargaining agreement is no longer entitled to wages, the health insurance provider pays sick pay during the period of incapacity for work.
An employee covered by a collective bargaining agreement can receive sick pay for the same illness for up to 78 weeks within any three-year period. The 78-week period begins on the day the doctor first placed the employee on sick leave due to an illness.
If the employee develops another illness during the period of incapacity for work, this does not extend the period of sick pay.
The Human Resources department will notify the employee in writing regarding this matter and inform them of the applicable time limits.

Sick pay amounts to 70 percent of the last salary subject to contributions, but no more than 90 percent of the net salary. The health insurance provider also takes into account one-time payments (e.g., annual bonus) that the employee received in the 12 months prior to the onset of the inability to work.
Just as with salary, contributions to statutory social insurance—specifically, statutory pension, long-term care, and unemployment insurance—may still need to be deducted from the sick pay under certain circumstances.

To calculate and pay the sick pay, the health insurance provider requires a salary statement from the State Office for Salaries and Benefits (LBV). The LBV may not issue the requested salary statement until the department responsible for personnel files provides the LBV with the necessary information. To this end, the Human Resources Department needs the employee to promptly provide the current certificates of incapacity for work. Since the department responsible for personnel files is not always informed immediately, a communication gap arises between the LBV and the Human Resources Department. As a result, delays may occur in the preparation of pay statements and, ultimately, in the payment of sick pay and the sick pay supplement.

Sick pay is always paid retroactively. The health insurance provider pays it for the period starting from the end of the employer’s salary payments up to the day the doctor signed the payment form. In addition, sick pay is paid on a calendar-day basis. If you receive sick pay for an entire calendar month, it is calculated based on 30 days.

Sick Pay Supplement— In addition to sick pay, the university pays a supplement as a collective bargaining benefit equal to the difference between the gross sick pay and the respective net pay. The gross sick pay is the sick pay before deductions for the employee’s share of social security contributions. Net pay is gross pay minus statutory deductions (taxes and employee contributions to social security, but excluding the VBL levy).
If the employee covered by the collective bargaining agreement was hired by the University of Siegen before July 1, 1994, the subsidy paid is the difference between the net sick pay and the net pay. Net sick pay is the sick pay already reduced by the employee’s contributions and thus corresponds to the amount paid to you by your health insurance provider.

In some cases, employees covered by a collective bargaining agreement may receive a (temporary) disability pension following a prolonged illness. As a general rule, the employee must notify the employer immediately upon receiving such a pension decision.

These obligations also apply in cases where an employee is unable to work due to preventive medical care or rehabilitation. In such cases, the employee must notify the Human Resources Department of the start date of the measure, its expected duration, and, if applicable, any extension of the measure, and must submit a certificate confirming the approval and necessity of the measure.

If an employee falls ill while abroad, he or she is required to notify the employer of the inability to work, its expected duration, and the address of his or her place of stay. In addition, if the employee is a member of a statutory health insurance plan, he or she must report the inability to work to the health insurance provider.

If an employee covered by a collective bargaining agreement fails to comply with the reporting, documentation, or notification requirements, the employer may refuse to continue paying wages. In addition, such a violation entitles the employer to take disciplinary action.

Gradual reintegration (known as the “Hamburg Model”) is intended to help employees who are unable to work due to a prolonged, serious illness gradually return to a full workload, thereby facilitating the transition back to full-time employment. During the gradual reintegration process, the employee covered by a collective bargaining agreement remains on sick leave and generally continues to receive sick pay. In principle, gradual reintegration is only possible with the employer’s consent.

If an employee becomes ill during recreational leave, leave credit will be granted only upon presentation of a doctor’s note certifying the inability to work. This also applies to short-term illnesses lasting up to 3 days. Unauthorized extensions of leave are not permitted. Vacation credit is processed by the Human Resources Department.