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.
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