Labor law: Sick on vacation: How to get your vacation days back

Being sick while on vacation doesn't mean you lose your vacation days. In fact, if an employee becomes unable to work due to illness during their vacation, they won't forfeit those vacation days. However, they need to provide proof of their inability to work through a doctor's certificate known as an elektronische Arbeitsunfähigkeitsbescheinigung (eAU).

Even if the employee is abroad, they must see a doctor and obtain a medical certificate to ensure they don't lose their vacation entitlement. The employer must be informed about the employee's condition, including the expected recovery time and location, so that communication can be done promptly via phone or email. Once the employee returns to Germany, they should inform their employer about their return as soon as possible.

While it might be tempting to take an extended vacation, it's important to note that the sick days won't be added to the annual vacation, but they won't automatically extend an already approved vacation either. If the employee is back to work by the originally scheduled end of the vacation, they must return to work, and their vacation days must be re-applied for.

In cases of longer-term illness, it can become more complicated, and special rules may apply. However, even in such situations, the vacation days are not simply lost. Vacation entitlements can generally extend beyond the vacation year, and they don't disappear after 15 months of absence. Taking a vacation while incapacitated is not a common practice, but it is allowed.

However, it's crucial that the employee avoids any actions that could hinder their recovery or endanger their health. Consulting with a doctor before traveling is advised to avoid misunderstandings with the employer.