Corona infections continue to rise rapidly, and so does the probability of being classified as a contact person or of becoming infected yourself.
The result? It is often an order to go into domestic quarantine.
But what's next? Is there an obligation for the employee to perform his work even during quarantine?
As is so often the case, the answer is: It depends.
If the employee usually works from home, the quarantine does not change anything and the employee is still obliged to perform his work in full.
If the employee does not work from home under normal circumstances, but is able to carry out his tasks, albeit in part, from the home office due to the activity carried out, he is also obliged to do so.
However, the employer must in turn check the employee's actual requirements and legitimate concerns, which stand in the way of effective work.
In this way, the circumstances under which the employee is spending the quarantine can also prevent the actual ability to carry out work effectively: Among other things, quarantine with partner and child under confined space conditions can be such a case.
If the employee's contractually owed activity is in no way compatible with working from home, the obligation to perform the work is waived.
But who will now bear the costs of lost work due to quarantine?
In accordance Section 56 (1) IfSG The employee who suffers loss of earnings as a result of a quarantine order is entitled to compensation.
This is based on the amount of loss of earnings: Compensation is paid in full for the first six weeks.
This then corresponds to the amount of sickness benefit, i.e. 67% of the loss of earnings, although the maximum compensation value of 2,016 euros is not exceeded.
In this case, the employer first pays in advance and can then have the costs reimbursed by the responsible health authority.
Attention exception:
Employees who could have avoided quarantine by taking advantage of a legally prescribed or publicly recommended vaccination or other prophylaxis are not entitled to compensation for loss of earnings.
The same applies to employees who could have avoided quarantine by not taking an avoidable trip to a risk area already classified at the time of departure.
Avoidable trips are, by the way, those for which there are no compelling or unforeseeable reasons.
By the way:
If the employee falls symptomatically ill during quarantine, becomes unable to work as a result and proves this with a certificate of incapacity for work, the work obligation naturally ceases to apply.
In this case, continued payment will be made after EFZG (Continued Payment Act).
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