Reader question: Do I have to work while in quarantine in Germany?
If you've got the dreaded red alert and found out a friend or colleague has Covid, you may have to quarantine for up to 10 days - even if you don't have symptoms. But what does German law say about whether you still need to work while stuck at home?
Covid infections are spreading rapidly once again in Germany, and with tens of thousands of new Omicron cases reported each day, it seems like it's only a matter of time before we end up coming into contact with someone who has it.
If you don't qualify for an exception under the government's latest quarantine rules, this will mean up to 10 days of self-isolating at home, or seven with a negative test.
READ ALSO: EXPLAINED: Germany’s new rules and exceptions for Covid quarantine
But what are the rules for employees during this period of quarantine? Here's a quick overview of what you need to know.
Working from home
When it comes to deciding whether you have to work while in quarantine, the first thing to clarify is whether your job is subject to an obligation to work from home or not, Johannes Schipp, a specialist lawyer for labour law in Gütersloh, told Spiegel.
Due to the current wave of infections, employers are legally obliged to give their employees the chance to work from home if possible, and employees are legally obliged to accept this offer.
That means that, for a certain set of workers, a week or so in quarantine would quite literally be business as usual.
For another group of workers - like restaurant or constructions workers - who have to be on site in order to do their jobs, things get a bit trickier.
"You will not have to work from a home in every case here," Schipp explains.
However, if you miss work because of quarantine and are unvaccinated, you're unlikely to be entitled to compensation for the time you missed.
READ ALSO: What employees in Germany should know about quarantine compensation
Working conditions come into play
According to Schipp, employers also have a duty to take into account the kind of environment the employee will be working in and any concerns they have.
For example, if a parent is quarantining with their young children and partner in cramped conditions, this is likely to have a knock-on effect on their ability to work.
On the other hand, someone who has a quiet study is unlikely to have a good excuse not to take on work tasks while in quarantine, Schipp says.
However, which activities are eligible here all depends on the types of tasks you're contracted to do.
Not all tasks are allowed
If your employer can find you tasks to do at home that fall within the scope of your contract, they can ask you to do these during your period of quarantine.
What they can't do, however, is simply make up tasks for the sole purpose of keeping you busy during working hours.
So, for example, if a nursery school worker has some administrative duties as part of their job, they can carry on with this paperwork while in quarantine.
But if a cleaner is in quarantine, they can't suddenly be asked to sort invoices.
"That has nothing to do with the contractually owed work," Schipp explains.
READ ALSO: How much does working from home in Germany hike up your electricity bill?
And what happens when you're ill?
Of course, if you do develop Covid systems and start feeling unwell, you're entitled to paid sick leave and shouldn't be asked to work at all.
Comments (1)
See Also
Covid infections are spreading rapidly once again in Germany, and with tens of thousands of new Omicron cases reported each day, it seems like it's only a matter of time before we end up coming into contact with someone who has it.
If you don't qualify for an exception under the government's latest quarantine rules, this will mean up to 10 days of self-isolating at home, or seven with a negative test.
READ ALSO: EXPLAINED: Germany’s new rules and exceptions for Covid quarantine
But what are the rules for employees during this period of quarantine? Here's a quick overview of what you need to know.
Working from home
When it comes to deciding whether you have to work while in quarantine, the first thing to clarify is whether your job is subject to an obligation to work from home or not, Johannes Schipp, a specialist lawyer for labour law in Gütersloh, told Spiegel.
Due to the current wave of infections, employers are legally obliged to give their employees the chance to work from home if possible, and employees are legally obliged to accept this offer.
That means that, for a certain set of workers, a week or so in quarantine would quite literally be business as usual.
For another group of workers - like restaurant or constructions workers - who have to be on site in order to do their jobs, things get a bit trickier.
"You will not have to work from a home in every case here," Schipp explains.
However, if you miss work because of quarantine and are unvaccinated, you're unlikely to be entitled to compensation for the time you missed.
READ ALSO: What employees in Germany should know about quarantine compensation
Working conditions come into play
According to Schipp, employers also have a duty to take into account the kind of environment the employee will be working in and any concerns they have.
For example, if a parent is quarantining with their young children and partner in cramped conditions, this is likely to have a knock-on effect on their ability to work.
On the other hand, someone who has a quiet study is unlikely to have a good excuse not to take on work tasks while in quarantine, Schipp says.
However, which activities are eligible here all depends on the types of tasks you're contracted to do.
Not all tasks are allowed
If your employer can find you tasks to do at home that fall within the scope of your contract, they can ask you to do these during your period of quarantine.
What they can't do, however, is simply make up tasks for the sole purpose of keeping you busy during working hours.
So, for example, if a nursery school worker has some administrative duties as part of their job, they can carry on with this paperwork while in quarantine.
But if a cleaner is in quarantine, they can't suddenly be asked to sort invoices.
"That has nothing to do with the contractually owed work," Schipp explains.
READ ALSO: How much does working from home in Germany hike up your electricity bill?
And what happens when you're ill?
Of course, if you do develop Covid systems and start feeling unwell, you're entitled to paid sick leave and shouldn't be asked to work at all.
Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.
Please log in here to leave a comment.