Sick Pay

  1. An employee who has been rendered unfit for work due to sickness, shall be entitled to
    1. continued payment of salary/wages in accordance with para 2,
    2. payment of a sick supplement in accordance with para 3. There will be no entitlement to continued payment of salary/wages or sick supplement, if unfitness for work has been caused by the employee's behaviour.
    1. During absence due to unfitness for work the employee will be entitled to continued payment of earnings up to a period of six weeks.
    2. In the event of job related accidents or occupational diseases contracted by an employee in connection with working for the Forces of the same Sending State , the earnings shall, contrary to sub para a) above, be paid for a total period of up to 12 weeks.
    3. If, within a period of 12 months , an employee is repeatedly rendered unfit for work as a result of the same illness, he shall be entitled to continued payment of earnings for a total of six weeks – in the event of para a) above – 12 weeks only. If, however, prior to the new period of unfitness for work, the employee has not been unfit for work by the same illness for at least six months, then, as a result of the new period of unfitness for work, he shall be re-entitled to a continued payment of earnings of up to six weeks – in the event of para b) - twelve weeks.
    4. Earnings as meant by paras a) to c) above are the regular earnings (Art. 17). In the event of unfitness for work during a manoeuvre/military exercise, under Appendix 'M', earnings shall be paid as stipulated by Appendix 'M'.
    1. Consecutive to the continued payment of earnings in accordance with para 2 an employee shall be entitled to payment of a sick supplement for a period of up to 12 weeks, following a reckonable period of employment (Art 8) of one year (waiting period).
    2. Payment of the sick supplement shall not exceed the maximum period in accordance with para a), within any one calendar year.
      1. The sick pay supplement is the difference between the sum of the sick pay paid by the mandatory health insurance carrier or the comparable payments by another social insurance carrier and the net amount of the regular earnings (Art 17 CTA II). For the calculation of the sick pay supplement the calendar month is deemed to have 30 days – in deviation of the provisions at Art 16, 6. CTA II.
      2. For the calculation of the sick pay supplement in accordance with para (1) above the amount of sick pay reduced by the employee’s social insurance contributions is to be used.
      3. Employees who are not compulsory insured through the statutory sickness insurance shall receive sick supplement payments to the same extent as compulsory insured employees.
    3. The entitlement to the sick supplement shall cease on termination of employment. (Note: revised text valid wef 01 Mar 07)
    1. The employee is obliged to notify his employing agency or unit immediately of his unfitness for work and the anticipated duration.
    2. Should the unfitness for work exceed three calendar days the employee must submit a medical certificate, certifying his unfitness for work and the likely duration thereof, no later than the following work day.
    3. In justified cases, the employing agency/unit is entitled to demand submission of a medical certificate at an earlier point in time.
    4. In justified cases, the employing agency may insist during the period of unfitness for work, on a medical certificate from a physician of mutual trust. The costs shall be borne by the employing agency/unit.
    5. The aforementioned provisions shall apply mutatis mutandis in cases where an employee cannot perform work as a result of prophylactic medical treatment or convalescence. Measures as meant by this para shall be the measures as detailed in Article 9 of the Law on Continued Payment of Wages.