Do I have to work if I am symptom-free?

Dusseldorf New high in the corona numbers: On Wednesday, the Robert Koch Institute reported more than 80,000 new infections within 24 hours – more than ever in Germany. Much of the increase is due to the highly contagious Omikron variant. Experts expect the numbers to continue to rise in the coming days.

So far, the Omikron variant has shown milder progression, despite the high number of infections fewer people end up in the hospital. However, vaccinated people are currently not as well protected against infection as with previous variants.

If a rapid test is positive, the result should be checked again using an additional PCR test. If this is also positive, the health department receives a message from the laboratory – and orders a quarantine. However, even if you suspect an infection, you should stay at home and avoid contact with others. For the place of work, this means: work in the home office, if possible. Employees who have to perform on site for their job are absent during the quarantine.

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How long do I have to be in quarantine if I test positive?

14 days quarantine – that was the standard so far. However, the last federal-state round decided on shortened quarantine times. Anyone who is verifiably infected with Corona will have to be in quarantine for ten days after testing. With an additional test, you can be freetested after just seven days. Some countries have already introduced the rule, and it is expected to come into force nationwide next weekend. However, there is no nationwide deadline.

Important: Contact persons must also be in quarantine – unless the health department orders otherwise. Exceptions apply to those who have been boosted, who have recently been vaccinated or who have recovered. Vaccination or recovery may have been a maximum of three months ago.

Do I have to tell my employer that I have Corona?

That depends above all on whether employees can in principle also carry out their work from home. An example: If an infected person had no contact with colleagues or has not entered the office or workplace for a long time, the employer does not need to be informed of the infection.

“This also applies if the infection leads to an inability to work,” says Peter Weck, partner at the Advant Beiten law firm in Düsseldorf and member of the labor law practice group. According to Weck, the employer must “be notified of the inability to work, but not the illness on which it is based”. Means: Submit sick note, but don’t necessarily explain why.

The situation is different if employees can only do their job on site and operate machines in production, for example. If the health department has ordered quarantine or isolation, the employer must know this – also in order to protect other employees who have had contact with the infected person and to take protective measures.

Can I work in quarantine if my history is mild?

Employees are not only allowed to work in quarantine – at least if the work can be done from home without any problems and no or only very mild symptoms occur.

Because anyone who is in quarantine in the home office is not incapable of work in the sense of labor law – unless the person concerned cannot go about his work due to the infection and the corresponding symptoms and has to call in sick. Anyone who absolutely has to do their work in the company is completely absent during the quarantine and can only be free after seven days at the earliest.

In previous corona waves, my general practitioner was able to call me on sick leave. Is that still possible?

Yes. Due to the current situation, sick leave by phone is still possible nationwide. The special regulation was extended until the end of March.

My child’s kindergarten group is tight. As a parent, can I stay at home?

Some daycare centers can no longer maintain the care times due to the increasing number of cases with their own staff. With the increasing spread of the Omikron variant, the problem is likely to increase. According to labor law, if there is no other way of looking after the child in this situation, one of the parents is allowed to look after the child at home and does not have to work – at least if the child is not older than twelve years.

In the case of older children, parents must weigh up the situation and discuss with their employer how childcare can be ensured. In any case, parents should immediately inform their line manager that the daycare center or school class is closed. Because if you stay away from your workplace without prior notice, you risk a warning.

If employees are absent for a few days, employers are required to continue to pay their employees in full. However, there is no obligation to do so. “Employers often exclude the regulating provision in the employment contract,” explains Weck. In the case of longer downtimes – for example when children have to be quarantined – there is a right to compensation under the Federal Infection Protection Act. This amounts to 67 percent of the net income, but a maximum of 2016 euros per month.

What do I do if the Corona Warn app shows the red warning level?

In principle, the use of the app is voluntary, so users are not obliged to pass it on. In the work context, too, employees decide “basically voluntarily whether to follow the app’s warning and pass on the information, including to the employer”, as the German Trade Union Federation (DGB) writes on its website.

The app recommends that people at increased risk voluntarily go into self-isolation and get tested. With a view to containing the virus, employees should follow this recommendation for action and continue working in the home office, provided that this is possible and they are symptom-free.

I got sick while on vacation and have to be quarantined for a few days. Do I get it back?

A quarantine order alone is not enough to get vacation days back, says labor lawyer Weck: “This is a circumstance that falls into the risk sphere of the employee.”

If those affected are not only in quarantine but also sick on vacation, these days do not count as vacation days and are not offset against the annual vacation. In such a case, employees can take back the vacation days.

More: Don’t panic if you are infected: Nine tips from the doctor to help you survive Corona

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