Federal Social Court decides: Sickness benefit if sick leave is delayed

Federal Social Court decides: Sickness benefit if sick leave is delayed

According to a report by www.merkur.de,

The Federal Social Court has decided that sick pay must also be paid out if the sick note is received late by the health insurance company. This applies to cases in which the certificate of incapacity for work was submitted to the health insurance company too late, which previously led to a refusal to pay sick pay.

The introduction of the obligation for contracted doctors to transmit sick notes electronically to the health insurance companies plays a decisive role in this ruling. Since the beginning of 2021, doctors have been obliged to submit these certificates to the health insurance companies in a timely manner. The court ruled that insured persons should not suffer due to negligence on the part of doctors and therefore must receive their full sickness benefit, even if the certificate was submitted late.

This ruling means that health insurance companies are now obliged to pay sick pay regardless of whether the sick note was submitted on time or not. However, there are exceptions for private doctors and rehabilitation facilities that do not participate in statutory health care. These are not affected by the judgment.

This ruling will probably lead to relief for the insured, as they will receive their sickness benefit despite their delayed sick note. It is also expected that the electronic transmission of certificates will improve administrative processes and reduce time delays in the payment of sick pay.