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 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 activities exists for

  • Persons who come into contact with foodstuffs in the course of manufacturing, handling or placing them 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 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 entitled to prohibit sick persons, persons suspected of having the disease, persons suspected of being infected and excretors from certain occupational activities, insofar as this is 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 activity 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 care facility because of a ban on visits under the IfSG (the claim under Section 56 (1a) IfSG exists for this purpose, 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. If necessary, the government will request any missing documents. You will receive written notification of the approval/rejection.

    Deadlines

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

    Links to more information

    Related issues

    Status:16.06.2023

    Responsible for editing:Bayerisches Staatsministerium für Gesundheit und Pflege

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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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