Loss of earnings; application for compensation under the Infection Protection Act

If you are prohibited from working due to the Infection Protection Act and suffer a loss of earnings as a result, you can receive compensation under certain conditions.

Description

Anyone who is subject to a ban on work or has been placed in isolation due to the Infection Protection Act (IfSG) and suffers a loss of earnings and is not ill is generally entitled to compensation.

A statutory prohibition of activity exists for

  • Persons who come into contact with food when producing, handling or placing it on the market, or who work in the kitchens of restaurants and communal catering facilities, if they
    • suffer from certain infectious diseases (e.g. salmonellosis), infected wounds or similar, or
    • are excretors;
  • Persons who are employed in community facilities for children and young people if they
    • suffer from certain infectious diseases or
    • are excretors.

In addition, the competent health authorities are entitled to prohibit sick persons, suspected sick persons, persons suspected of being infected and excretors from certain occupational activities if this is necessary to prevent the spread of infectious diseases.

The competent health authorities also have the right to isolate the above-mentioned persons in a hospital or other location (e.g. in domestic quarantine).

Compensation is based on the loss of earnings.

  • 1st to 6th week: compensation in the amount of the full loss of earnings (net) and
  • from the 7th week: compensation amounting to 67% of the loss of earnings incurred (net).

The employer is also obliged to finance the compensation payment from the state in advance. This legal obligation on the part of the employer ensures that those affected continue to receive their money despite the separation.

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 year's income applies.

Employees are obliged to inform their employer or employer immediately that they are prohibited from working. As a salaried employee, you will be paid the loss of earnings in the first 6 weeks by your employer in the event of a ban on work or isolation in accordance with the Infection Protection Act. An informal application must be submitted to the responsible government for compensation if you are prohibited from working for more than 6 weeks.

The responsible government will reimburse employers for the compensation paid to their employees who are to be granted compensation in accordance with Section 56 (1) IfSG (in the case of activity bans: Loss of earnings and pension contributions; in the case of separated 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 loss of earnings compensation in accordance with Section 56 (1) IfSG for isolations 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 work or isolation in accordance with the Infection Protection Act (IfSG)
  • Compensation cannot be paid
    • to parents without a ban on work whose children were not allowed to attend a childcare facility due to a ban on attendance under the IfSG (there is an entitlement under Section 56 (1a) IfSG, see "Related topics")
    • for the period of sick leave or sick notification
    • for trainees who, through no fault of their own, are prevented from fulfilling their obligations arising from the vocational training relationship (pursuant to Section 19 (1) (2) (b) BBiG)
    • in the absence of a collective agreement: for a relatively insignificant period of inactivity (in accordance with Section 616 BGB; only in the case of an inactivity ban or separation of less than five days)
    • in the event of other paid employment in the company
    • in the event 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 a written notification of approval/rejection.

    Deadlines

    The application must be submitted within 24 months of the end of the prohibition of activity or segregation.

    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

    Please select a location in "Localization" so that the address of the responsible authority can be filled in.

    • 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.

    • 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.

    Online procedures

    • Quarantäne-Entschädigung​ - Online-Antrag

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

      To prevent problems when entering the application, we recommend

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

    Fees

    • none

    Legal bases

    Links to more information

    Related issues

    Status:24.11.2023

    Responsible for editing:Bayerisches Staatsministerium für Gesundheit, Pflege und Prävention

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    • Online transactions, Bavaria-wide
    • Online transactions, locally limited
    • Form, Bavaria-wide
    • Form, locally limited
    • Prefillable Form, Bavaria-wide
    • Legal bases, Bavaria-wide
    • Legal bases, locally limited
    • Fees, Bavaria-wide
    • Fees, locally limited
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