Labour law: Sick on a public holiday

Supreme Court decides which regulation applies.

The Supreme Court decided whether public holiday remuneration or sick pay is to be given precedence in the case of a worker's illness on a public holiday.

The Continued Remuneration Law states that a worker is entitled to the remuneration for up to 6 weeks if he/she is prevented from performing worker after its commencement due to illness (provided that the prevention was not caused intentionally or through gross negligence on the part of the worker). According to the Rest Period Act, the worker retains the right to the remuneration for work that has not been carried out due to a public holiday.

But what if the prerequisites for both types of continued remuneration are met? In the case in question, a worker has been sick on a public holiday. Is said public holiday to be included in the maximum duration of the continued remuneration claim or is the end of the continued payment prolonged by one day due to the public holiday? The Supreme Court has ruled as follows: The public holiday remuneration after the Rest Period Act is to be given precedence over the sick pay according to the Continued Remuneration law, since work wouldn't be carried out anyways, because of the public holiday. It is therefore not relevant, whether or not the worker is sick. A prevention from work can only exist if the worker is obliged to work at all. The continued remuneration period is therefore being prolonged by this public holiday. This would not be the case, if the worker would have been obliged to performing work. Only then he/she can be prevented from working due to illness.

The decision is available at the RIS (in German).

Further information on this and any other labour law related matter can be provided by our competent labour law experts.