The second wave is just rolling in – there is currently no improvement in sight. In this context the questions arise,
- whether the employer must continue to pay the remuneration during a quarantine
- whether he/she may be entitled to a refund or
- whether he also has to pay if the employee returns from a risk area.
To contain the pandemic, the responsible authorities can order quarantine for both acutely ill and potentially infected persons. The legal basis for this is the Infection Protection Act (IfSG) in conjunction with the respective state ordinance.
Who pays the salary for the two quarantine variants?
Depending on which of the two alternatives is relevant, it is decided how he or she continues to receive his or her salary. If the employee is incapacitated by the infection, he/she will receive – as with any other illness – continued remuneration in accordance with the Continued Remuneration Act (EFZG), regardless of the ordered quarantine.
However, if quarantine has been ordered due to suspicion of a possible infection, the IfSG generally applies. The employee receives compensation from his employer in the amount of the net remuneration for the first six weeks of the quarantine. However, the employer will be reimbursed by the competent authority upon request. From the seventh week of quarantine onwards, the competent authority pays compensation in the amount of the sickness benefit directly to the employee.
According to the current regulations of the federal states, persons who re-enter Germany from a risk area must immediately go into a 14-day quarantine. If the employee is actually ill with Covid-19, he/she is entitled in principle to continued payment of compensation.
However, this claim could be excluded, since the employee has acted culpably if he has travelled to a risk area despite a travel warning (when starting the trip) and thus deliberately accepted the quarantine.
My recommendation on the subject of salary in quarantine?
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Questions about salary in quarantine?
Rechtsanwalt, Fachanwalt für Arbeitsrecht
Prokurist der Acconsis GmbH Rechtsanwaltsgesellschaft
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