Information - Services - Formalities by subjects - Human resources - Financial and other assistance - Loss of earnings; application for compensation under the Infection Protection Act. - Dienstleistungsportal Bayern

Description

Anyone who is subject to or has been subjected to an activity ban or segregation due to the Infection Protection Act (IfSG) and who 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 persons and activity bans must be submitted online.

To prevent problems when entering the application, we recommend:

• use an up-to-date browser, if possible not Internet Explorer
• open the link in an in-private or incognito window

Prerequisites

• Loss of earnings due to a ban on activities or segregation in accordance with the Infection Protection Act (IfSG)
• Compensation cannot be paid:
  • to parents without a ban on activities whose children were not allowed to attend a childcare facility due to a ban on visits under the IfSG (for this, there is a claim under Section 56 (1a) IfSG, see under "Related topics")
  • for the period of sick leave or sick registration
  • for trainees who are prevented from fulfilling their obligations arising from the vocational training relationship through no fault of their own (pursuant to Section 19 (1) (2) (b) BBiG)
  • in the absence of a collective agreement: for a relatively insignificant period of the activity prohibition (pursuant to Section 616 BGB; only in the case of an activity prohibition or segregation of less than five days)
  • in the case of paid employment elsewhere in the company
  • in the case of contractual or collectively agreed obligations of the employer to continue to pay wages
    .

Procedure

Submit the application (see under "Online procedure") and the supporting documents to the responsible government. The government will request any missing documents. You will receive written notification of the approval/rejection.

Regional complement (Regierung von Oberbayern)

Applications for compensation for loss of earnings in accordance with Section 56 (1) of the IfSG based on Corona:
By attaching appropriately verifiable and complete receipts in the online procedure, time-consuming subsequent requests for receipts can be avoided. This generally enables faster processing of the application. Due to the large number of applications received, it is currently expected that processing will take several months.

We would also like to inform you that colleagues from the departments of Social Affairs and Finance are also working on behalf of the Government of Upper Bavaria to support the processing of applications, so that queries about your application can also be brought to you by these colleagues. If you have any doubts about the specific assignment of the colleague contacting you, please do not hesitate to contact us (e-mail: quarantaene-corona@reg-ob.bayern.de).

Requestsfor compensation for loss of earnings according to § 56 para. 1 IfSG in all other cases not concerning Corona (e.g. salmonellosis):
If you have been ordered to segregate or banned from activities due to an infectious disease other than Covid-19 (e.g. due to salmonellosis), please do not submit a request via the online procedure, but contact the following e-mail address with your request: ifsg-tiersev@reg-ob.bayern.de

Note: Requests received in connection with applications due to Corona in the above-mentioned mailbox will not be processed. Please use only the functional mailbox for this purpose: quarantaene-corona@reg-ob.bayern.de

Deadlines

The application must be submitted within a period of 24 months after the end of the activity ban or segregation.

Processing time

Regional complement (Regierung von Oberbayern)

Due to the large number of applications received, it is currently expected to take several months to process them.

In many cases, it has unfortunately not yet been possible to send confirmations of receipt. We therefore ask for your understanding and patience. Please refrain from inquiries about the processing status. We will contact you without being asked.

Required documents

• Employee or Employer:
  • Certificate of the activity ban/isolation, which specifies an exact period of isolation or proof of the positive test result, if a certificate of the activity ban/isolation has not been issued.
    From 13.04.2022: Certificate of the activity ban/isolation or Proof of the positive test result and, if applicable, the negative test result required to resume professional activity in accordance with No. 5 of the general decree "Isolation of persons tested positive for the SARS-CoV-2 coronavirus (AV Isolation)" dated 12.04.2022.
  • Wage and salary certificates of the relevant month(s) of isolation/prohibition of activity
  • signed declaration of the employee
  • If applicable, excerpt from the employment or collective bargaining agreement, according to which § 616 of the German Civil Code is waived (only required in the case of segregation / activity ban of less than five days)
  • If applicable, excerpt from the collective agreement on an assessment basis for the remuneration to be continued that deviates from the regulations of the Continued Remuneration Act (EFZG).
  • if applicable, evidence of social security expenses to a reasonable extent in accordance with § 58 IfSG

• Self-employed:
  • Certificate of the activity ban/isolation, which specifies an exact period of isolation or proof of the positive test result, if a certificate of the activity ban/isolation has not been issued.
    From 13.04.2022: Certificate of the activity ban/isolation or proof of the positive test result and, if applicable, the negative test result required to resume professional activity in accordance with No. 5 of the general decree "Isolation of persons tested positive for the coronavirus SARS-CoV-2 (AV Isolation)" dated 12.04.2022
  • last tax assessment (complete)
  • if necessary, certificate of the tax advisor on the monthly taxable net income,
  • If applicable, evidence of current social security expenses (e.g., statement of contributions),
  • if applicable, proof of financial support ("Corona assistance"),
  • if applicable, evidence of reimbursement of additional expenses and uncovered operating expenses (including comparison of operating income and operating expenses in line items in the months affected by the segregation / activity ban).

• Homeworkers:
  • Certificate of the activity ban/isolation, which specifies an exact period of isolation or proof of the positive test result, if a certificate of the activity ban/isolation has not been issued.
    From 13.04.2022: Certificate of the activity ban/isolation or Proof of the positive test result and, if applicable, the negative test result required for resumption of professional activity in accordance with No. 5 of the general decree "Isolation of persons tested positive for the SARS-CoV-2 coronavirus (AV Isolation)" dated 12.04.2022.
  • Proof of the amount of the average monthly salary for the last year before the cessation of the prohibited activity (salary statement for the year in question)
  • Evidence of current social security expenses, if applicable (e.g., statement of contributions)
  • If applicable, evidence of financial support ("corona assistance") or of the amount of subsidies (Section 56 (8) IfSG)

Forms

• Prefillable Form, Bavaria-wide: Erklärung zum Arbeitgeberantrag für Arbeitnehmerin/Arbeitnehmer

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Nur für Corona-Fälle (SARS-CoV-2/COVID-19)

• Prefillable Form, Bavaria-wide: Antrag gem. § 58 IfSG auf anteilige Entschädigung der erbrachten Vorsorgeaufwendungen für den Zeitraum der Absonderung

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Bei anderen Infektionskrankheiten, nicht bei Corona-Fällen (SARS-CoV-2/COVID-19)

Online procedures

• Quarantäne-Entschädigung​ - Online-Antrag

  The application for compensation for loss of earnings in accordance with Section 56 (1) IfSG for segregation and quarantine cases must be submitted online.

  In order to prevent problems when entering the application, we recommend

  • the use of a current browser (if possible not Internet Explorer) and
  • to open the link in an in-private or incognito window.

Fees

• none

Legal bases

• §§ 56 ff Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen (Infektionsschutzgesetz - IfSG)
• Vollzug des Infektionsschutzgesetzes (IfSG) - Isolation von positiv auf das Coronavirus SARS-CoV-2 getesteten Personen (AV Isolation) - Allgemeinverfügung

  Bekanntmachung des Bayerischen Staatsministeriums für Gesundheit und Pflege vom 12. April 2022, Az. G51v-G8000-2022/44-242

Links to more information

• Merkblatt zum Antrag auf Erstattung von Arbeitgeberaufwendungen
• Merkblatt zum Entschädigungsantrag Für Selbstständige
• Häufig gestellte Fragen (FAQs) zur Verdienstausfallentschädigung nach § 56 f. IfSG (bayern.de)

Related issues

• Child care; application for compensation under the Protection Against Infection Act.