According to § 5 Urlaubsgesetz a sickness can disrupt the annual leave under certain conditions. The following points should be considered:
- If the sickness lasts up to 3 calendar days, it is considered as consumed holiday
- If the sickness lasts longer than 3 calendar days, these sick days are not considered as consumed holidays. The unconsumed holidays can be consumed at a later date
- The sickness has to be communicated to the employer immediately. This can be done via phone, email or with another proper method
- When returning to work, the employee has to handover a doctor’s certificate or a certificate from health insurance containing the information on beginning and duration of the sickness
- Additionally, if the employee becomes sick abroad he has to handover not only the doctor’s certificate, but also an official confirmation (from the embassy, consulate) that the attending doctor is licensed to the doctor’s profession. This confirmation is not required if the sickness certificate was issued by a hospital
- The sickness must not be induced intentionally or grossly negligent
Furthermore, the unconsumed holidays do not extend the vacation automatically and the employee has to immediately start working again after his (planned) holidays or sickness. The consumption of these unconsumed holidays has to be agreed on separately at a later time.
If an employee becomes sick already prior to his vacation, the absence does not count as vacation and general regulations for sickness leave are applicable.