An expectant look at the account shows that this year the employer’s Christmas bonus was lower than in previous years. Can this be? Yes, because in certain cases the employer can actually reduce the special bonus. What about illness?
In principle, sick employees are also entitled to Christmas bonuses. However, the employment or collective agreement can provide for reductions for incapacity to work due to illness, according to the German Trade Union Confederation (DGB). The legal basis can be found in the Continued Payment of Remuneration Act (Section 4a).
If in doubt, look at the employment contract
Accordingly, it is permissible for the employer to reduce special allowances if the employee or employees are ill. But there are limits: the employer may reduce the Christmas bonus for each day of illness by up to 25 percent of the annual average salary for a day’s work.
Important: This only works if reductions for incapacity to work due to illness are expressly regulated in the contract, explains Till Bender from the DGB’s legal protection department. In addition, this option is not possible if the payment is a 13th month’s income that rewards work done, explains the Bremen Chamber of Employees on its website.
