Arbeiten trotz Krankheit: Is sick leave also possible part-time in Germany?

Current legal situation in Germany

In Germany, the legal framework for sick leave is set out in the German Social Code (SGB V). According to Sec. 5 of the SGB V, an insured person is entitled to sick pay if they are unable to work due to illness or injury and are therefore prevented from performing their professional duties. The sick pay amounts to 70 percent of the last net salary and is paid for a maximum of six weeks.

The German Social Code does not contain any regulations on part-time sick leave. In practice, however, part-time sick leave is possible under certain conditions.

Requirements for a part-time sick leave

For a part-time sick leave to be possible, the following conditions must be met:

• The insured person must be unable to work for at least six hours a day due to illness or injury.
• The remaining working hours must be medically justifiable and must not lead to a worsening of the illness or injury.
• The employer must agree to the part-time sick leave.

If these conditions are met, the treating physician can issue a sick note for a part-time sick leave. The sick note must state the daily working hours that the insured person is still able to work.

Duration and payment of part-time sick leave

The duration of a part-time sick leave is not limited by law. It depends on the course of the illness or injury and the medical assessment of the treating physician. The insured person receives sick pay for the hours that they are unable to work.

Advantages and disadvantages of part-time sick leave

A part-time sick leave can have the following advantages:

• The insured person can continue to work despite their illness or injury.
• It helps to keep the connection to the workplace.
• It promotes a faster return to full-time work.

However, there are also some disadvantages to part-time sick leave:

• The insured person may not be able to fully recover from their illness or injury.
• Part-time sick leave can lead to discrimination by the employer.
• It is not always easy to find an employer who agrees to part-time sick leave.

Conclusion

Part-time sick leave is a possibility under certain conditions in Germany. It can be a sensible option for those who are unable to work full-time due to illness or injury, but who still want to continue working.

However, it is important to weigh the advantages and disadvantages carefully before deciding on a part-time sick leave. In any case, it is advisable to discuss the matter with the treating physician and the employer.