Doctor’s appointments are considered a private matter. For this reason, employees should not go to the doctor during work hours. However, there are exceptions: If you become acutely ill while at work, you may go to the doctor. This could be the case, for example, with severe joint or tooth pain. Routine checkups or preventive medical exams do not qualify. In other words, a doctor’s visit during work hours must be medically necessary.
The same applies if the doctor has no other available appointments or if all office hours fall during work hours. Or in the case of special tests that are only offered at certain times—such as fasting blood draws, X-rays, or CT scans. In these cases, the supervisor must not only grant the employee time off but also continue to pay their wages. Pay is due not only for the time spent at the doctor’s office but also for the time spent traveling to the practice. But be aware: collective bargaining agreements may contain different provisions.
Supervisors may not require employees to change doctors, as this would restrict their right to free choice of physician.
Part-time employees have a harder time
It is more difficult for part-time employees to justify why they need to see a doctor during working hours. They are generally expected to do so—except in very urgent cases—outside of working hours. Otherwise, they are not entitled to continued pay. Under certain circumstances, they may also have to make up for the missed work.
The Vague Provision in the Law
Section 616 of the German Civil Code (BGB) governs when employees continue to receive their pay. They are entitled to it if they are not “responsible” for the interruption of work themselves—that is, in the cases mentioned above. The same applies if they interrupt their work for only a relatively short period—in legal terms: only a “relatively insignificant period of time.”
Because these statements are open to a wide range of interpretations, there have been repeated disputes over when Section 616 applies. Collective bargaining agreements, company agreements, or employment contracts often contain more precise provisions. For example, the framework collective bargaining agreements for the metal and electrical industries in many IG Metall districts contain specific provisions under the heading “Absence from Work – Prevention of Work.” These provisions may also limit certain entitlements.
Notify Your Supervisor—Even When Working from Home
However, the basic principles must still be observed: Employees must make an effort to schedule doctor’s appointments outside of working hours. If this is not possible, the doctor must certify the medical necessity of the examination or treatment.
Employees should also have the doctor confirm in writing that no appointment was possible outside of working hours. This confirmation then serves as a solid argument in the event of a discussion with supervisors. Either way, employees should inform their supervisors before heading to the doctor’s office—even if they are working from home. This helps them avoid trouble at work.
This is because anyone who goes to a doctor’s appointment even though they could have done so during their free time is breaching their duties and violating their employment contract. Even a single instance could result in a written warning. In the worst case, they could face termination for cause.
Exceptions for Minors and Pregnant Women
Employers must grant paid time off to minor employees and apprentices who are required by law to attend follow-up medical examinations. This is stipulated in the Youth Employment Protection Act. The same applies in cases of pregnancy or maternity. The Maternity Protection Act stipulates that employers must grant women paid time off for medical examinations covered by statutory health insurance.
Employees on flex-time have a tough time
The situation is more complicated with company-wide flex-time agreements. If these agreements do not contain specific provisions, employees should make an effort to schedule appointments outside of core working hours. Two courts have already ruled that employees are not entitled to compensation in such cases. However, if the doctor diagnoses an illness, the employer must also pay for the time spent at the medical appointment.
What if a child gets sick?
The same procedure applies if an employee’s child falls ill. A doctor’s visit during working hours must be medically necessary or unavoidable. In addition, the doctor should issue the employee a medical certificate stating that the employee was required to accompany the child. This is also advisable if employees accompany other family members, such as a sick father-in-law.
COVID-19 Vaccination During Work Hours
As of September 10, 2021, employers are required to allow employees to get vaccinated during work hours. In any case, employees must inform their employer in a timely manner if they wish to take advantage of a vaccination offer outside the workplace. Our guide on the topic provides more information about on-site vaccinations.
