Since March, employees working in the healthcare sector have been required to Proof of vaccination or recovery or proof of inability to vaccinate according to Section 20a of the Infection Protection Act (IfSG) However, it follows from § 20a IfSG There is no direct vaccination requirement. The law only refers to a "proof requirement." If proof is not provided, healthcare workers face employment and activity bans issued by the responsible authorities. These, in turn, can employment law consequences, such as loss of wages. Due to these harsh consequences for the employee, the obligation to §20a IfSG as “factual” mandatory vaccination describe.
Section 20a IfSG raises many questions
Healthcare workers are therefore facing many questions.
Do I have to get vaccinated if I am in healthcare work? In principle, the "vaccination requirement" applies to all employees of a health and care facility. The law does not differentiate between direct patient contact and non-patient contact. This means that, for example, administrative staff in hospitals who have no contact with patients are also subject to this "vaccination requirement." However, the requirement to provide proof is not proportionate in every individual case. This means that each case must be assessed individually. Furthermore, vaccination is not necessary if a recovered status or proof of contraindication (inability to be vaccinated) is available.
Can my employer give me time off if I don't get vaccinated? Several labor law issues arise in connection with the facility-related "vaccination requirement." In some cases, employees have already been granted leave. This release releases them from the obligation to perform their work. The consequence is that employees do not receive any wages during the period of leave. The principle of "no work, no pay" applies. However, the system of §20a IfSG It follows that for so-called "old" employees (employment began before March 15, 2022), the health department should impose a possible work ban, which in turn acts as a leave of absence. This ban prohibits them from visiting the workplace. Due to the current legal uncertainty, employers should take action against the leave of absence in any case.
Tip: If a leave of absence occurs, the employee should always offer to work by email or in writing. This will ensure that any wage claims that may be asserted later are secured.
Rogert & Ulbrich recommends
Are you affected by the facility-related “vaccination requirement”? Then do not hesitate to contactWe will support you in out-of-court and court administrative proceedings to prevent a ban on your activity. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.
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