Frequently Asked Questions
Do I need to take vacation for a specialist doctor
You can find information on this in TV-L section IV Vacation and Exemption from Work: In Sec. 29(1), the occasions are (all) listed for which the employees are exempted from work with pay. Under f) you can find the medical treatments if they have to take place during working hours - the exemption from work is done for the required time of absence including necessary travel time. That is what the collective bargaining agreement says on the subject. In the written record, the bargaining parties clarified that medical treatment also includes doctor’s examinations and treatment prescribed by a doctor, e.g. medical massages or out-patient rehabilitation measures. It also states that the employee must make an effort to get an appointment outside of working hours and can use the possibilities of flexible working hours to do so. It is also necessary for the employees to inform their supervisor. The “proof of time absent” is not more precisely defined, but it can be required (e.g. in the form of a doctor’s note) if the description of the required time of absence is not sufficiently convincing. The employer’s director is permitted to make a general rule about this in coordination with the Staff Council, but currently none exists.
Recording your tasks with a questionnaire?
For organizational development, reviewing salary groups, or similar tasks, questionnaires that the employees have to fill out themselves are a popular method of collecting data.
There is nothing wrong with this method as long as the employees are informed of the reason the data is being collected; optimizing processes is a legitimate goal, and tasks gradually change over the course of time so that it certainly makes sense to update task descriptions.
If this kind of measure is ordered without consulting the employees, however, then a healthy amount of distrust can be appropriate. In this case: Don’t let yourself be intimidated - ask questions.
The courts have said:
There is no requirement for employees to keep a kind of diary or other records of the details of their tasks and the time they need to do these tasks. Federal Labor Court (BAG) on 28 March 1979, 4AZR 446/77
There is no legal basis for requiring public employees to keep diary-like or other records of the details of their tasks and how long they need to do these. Federal Labor Court (BAG) on 24 September 1980, 4AZR 727/78
Insurance protection at University celebrations
What happens if there is an accident during this time?
If the celebration is organized by the employer or takes place with the employer’s approval and support to promote a collegial atmosphere, then employees are covered by the statutory accident insurance.
Additional requirements for insurance coverage:
The celebration must in general be open to all employees.
At least 20% of the employees and the director or a representative of the director must participate.
This also applies if the celebrations are divided into individual departments due to the size of the company.
In these cases, the participants’ travel to and from the celebration is also covered. Exceptions are accidents caused by consuming too much alcohol or interrupting the journey for private reasons. Family members who are also at the celebration, former employees, or guests are not covered, neither are private celebrations, e.g. for a birthday, even if the celebration takes place at the office.
from: Press release Deutsche Gesetzliche Unfallversicherung 27 November 2009
Notification of illness - sick without a medical c
The requirement to notify the employer or show proof of the illness for employees under the collective bargaining agreement at Anhalt University is regulated in Sec. 5 of the Continued Payment of Remuneration Act (Entgeltfortzahlungsgesetz).
The section includes the following wording:
“The employee is required to inform the employer of the inability to work and the tentative duration of the illness without delay. If the employee cannot work for longer than
three calendar days, the employee must submit a medical certificate of the inability to work and the tentative duration of the illness at the latest on the next working day. The employer may require a medical certificate before that time. If the inability to work lasts longer than stated on the medical certificate, the employee is required to submit another medical certificate. If the employee has statutory health insurance, the medical certificate must include a note from the doctor that a certificate on the inability to work with information about the diagnosis and tentative duration of the inability to work is to be sent immediately to the statutory health insurance provider.”
That means that if the inability to work lasts a maximum of three calendar days including the first day of the illness, the employee does not need to show proof of the illness. Because the employer is entitled to make different regulations according to the Continued Payment of Remuneration Act, the Board of Management confirmed the following procedure for Anhalt University of Applied Sciences at its session on 1 April 2015, and the Staff Council confirmed this in its session on 19 June 2015:
The employee must submit a medical certificate of the inability to work and the tentative duration of the illness starting on the 2nd day of the inability to work. The original certificate of the inability to work (Arbeitsunfähigkeitsbescheinigung) must have been received by the Human Resource Department at the latest on the 4th day after the inability to work started.
All public service employees have 30 vacation days each year.
Exemption from work
Employees can only be exempted from work with pay for the listed period of time under the following circumstances:
- Wife / life partner as defined in the Life Partner Act (Lebenspartnerschaftsgesetz) gives birth - 1 day of work
- Death of spouse, life partner as defined in the Life Partner Act (Lebenspartnerschaftsgesetz), a child, or a parent - 2 days of work
- Moving to a different place of residence for business reasons - 1 day of work
- 25th or 40th anniversary of work - 1 day of work
- Serious illness
- of a relative living in the same household- 1 working day per calendar year if the doctor certifies the necessity of the employee being present for temporary care
- of a child who has not yet turned 12 if there is or was no claim to Sec. 45 Social Code Book V (SGBV) in the ongoing calendar year - 4 days of work per calendar year
- a person who cares for a child if the employee therefore needs to care for their child who has not yet turned 8 or who needs permanent care due to physical or mental disabilities - up to 4 days of work per calendar year.
Exemption from work is only granted if another person is not available immediately to provide care.
- Medical treatments of employees if they have to take place during working hours - proof of time of absence including necessary travel time
According to Sec. 29(3) TV-L, the employer may grant up to three days of exemption from work with pay in other urgent cases.
In justified cases, if the employee waives pay, short-term exemption from work may be granted if business reasons permit (e.g. relocation of residence for personal reasons).
To participate in sessions of examination and professional committees according to the Vocational Training Act (Berufsbildungsgesetz), and for activities in bodies of the social insurance providers, members can be exempted from work with pay if there are no urgent business reasons speaking against this.