Corona: got Covid-19 despite all caution? What you need to know as an employee

The risk of infection with corona is increasing, the number of cases is higher than in the first wave. What rights of employees, what obligations of employers? We have put together the most important questions and answers.

Does my company have to provide me with masks so that I can protect myself and others at work?

No, not in principle. However, the company must take measures to protect its employees. There has to be a distance of at least 1.5 meters between employees, not too many of my colleagues are allowed to work with me in one room.

In small offices, on the assembly line or in the packaging centers of online shops, where different products have to be put together quickly and employees have to constantly walk past each other, masks are inevitable. The employer must then also provide this, explains Klaus Maier, lawyer and specialist lawyer for labor law from Villingen-Schwenningen.

Can I work from home if my company has not developed a protection concept for its employees?

Yes. There is no legal right to work from home. However, if my employer does not comply with the current rules on protection at work, the employee may refuse to work in the office or offer to work from home. “Such a dispute should, however, take place with the help of a lawyer,” advises specialist lawyer Maier.

A woman is on a conference call from her living room. | Image: Sebastian Gollnow, dpa

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Can my employer send me home because I have a cough?

In fact, my boss can send me home – even if I have a slight cough. My colleagues could even ask our line manager to do the same. This is because the company is fulfilling its duty to protect its employees.

Do I have to continue working at home or do I still get my salary?

Basically, an employee is entitled to their money if they are sent home even though they consider themselves fit for work. In this case, the employee does not have to make up for the lost working time, as information from the Federal Ministry of Labor shows. Expert Maier sees this in a more nuanced way. He says: Whether you will continue to get your salary or not is a question of the individual case, depending on the contract and the duration.

Some employees feel more secure in the home office than in the office. But there is no general requirement to work from home. | Image: Jens Kalaene, dpa

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Do I have to take business trips even if there is a risk for me?

Yes and no. In principle, business trips are part of work. However, employees can refuse the trip if there is a reasonable suspicion that their health could be endangered. However, the mere fear that you might get infected while traveling is not enough.

Travel warnings from the Federal Foreign Office or if the person concerned belongs to a risk group, however, does. Specialist lawyer Maier says that a business trip may not be ordered even if there are other ways to reach the destination. This can also include a video conference.

Do I have to tell my employer that I tested positive?

In any case and immediately. If a disease of Covid-19 is found, the employer must be informed so that he can fulfill his duty of care and protection and protect other employees. The duty to inform the employer also exists if you have been in contact with someone who has tested positive or who has a reasonable suspicion of being infected.

Can my employer inform my colleagues that I have tested positive?

Not automatically. If there are good reasons, against it: for example, if there is contempt that the person concerned might have had contact with other employees. The same applies if the employee had appointments or discussions with customers and the contacts need to be traced. However, the employer is not allowed to inform colleagues about the illness in general.

How long am I entitled to my salary if I get Covid-19?

In this case, you are entitled to the full salary for six weeks. According to this, those with statutory health insurance are generally entitled to sick pay.

Does this also apply if I knowingly go to a risk area?

The legal situation is not clear, warns specialist lawyer Klaus Maier. In principle, employees are entitled to continued payment of their wages if they have become infected with the virus through no fault of their own. This can also be the case if you have gone to a risk area in which the number of cases is not higher than in Germany, at least if you behave carefully on site and are not part of a risk group. “However, you should think twice about taking the risk,” warns Maier.

Am I entitled to compensation if I get infected at work?

Not excluded. Specifically, it depends on whether the employer has complied with the requirements for infection protection or not. Compensation can also be possible if my employer has been ordered by the authorities to close or if quarantine has been ordered.

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