Anyone who is subject to or has been subjected to an activity ban or segregation due to the Infection Protection Act (IfSG) and suffers a loss of earnings and is not ill in the process will generally receive compensation.
A statutory ban on activity exists for
- Persons who come into contact with foodstuffs during their production, handling or placing on the market, or who work in kitchens of restaurants and mass catering facilities, if they
- suffer from certain infectious diseases (e.g. salmonellosis), infected wounds or the like; or
- are excretors;
- Persons who are employed in communal facilities for children and adolescents, insofar as they
- suffer from certain infectious diseases or
- Are excretors.
In addition, the competent health offices are authorized to prohibit sick persons, suspected sick persons, suspected infected persons, and excretors from certain occupational activities to the extent necessary to prevent the spread of infectious diseases.
The competent health authorities also have the right to segregate the above-mentioned persons in a hospital or other place (for example, in domestic quarantine).
Compensation is based on lost earnings.
- 1st to 6th week: compensation in the amount of the full loss of earnings (net) and
- from the 7th week: compensation in the amount of 67% of the loss of earnings (net).
There is an obligation of the employer to finance in advance also the compensation payment of the state. This legal obligation on the part of the employer ensures that those affected continue to receive their money for the time being, despite being separated.
In the case of self-employed persons, the calculation is based on 1/12 of the earned income (§ 15 Social Security Code IV); in the case of homeworkers, the monthly average of the last annual income applies.
Employees are obliged to inform their employer or employer's employer immediately that they are prohibited from working. As a salaried employee, you will receive compensation from your employer for loss of earnings during the first 6 weeks in the event of an activity ban or segregation in accordance with the Infection Protection Act. For compensation in the event of a ban on activities of more than 6 weeks, an informal application must be submitted to the competent government.
Employers are reimbursed by the competent government for compensation paid to their employees who are required to be compensated under Section 56(1) of the IfSG (for activity bans: Loss of earnings and pension contributions; in the case of segregated persons: loss of earnings, pension contributions and contributions to statutory health insurance and social long-term care insurance).
Self-employed persons apply for compensation directly to the competent government.
The application for compensation for loss of earnings in accordance with Section 56 (1) IfSG for segregated and quarantined cases must be submitted online.
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