In general, employees are not automatically entitled to paid time off for medical appointments during working hours. Nevertheless, there are certain situations in which such a claim can be asserted.
The law governing medical appointments during working hours can be found in the German Civil Code, in particular in Section 616. This legal basis sets out the conditions for paid time off, whether for an appointment within or outside working hours.
Under what circumstances is the employee entitled to paid time off?
The Federal Labour Court has ruled that an employee can only claim compensation for working time lost as a result of a doctor's visit if the visit was really necessary. Firstly, it is a question of medical urgency: severe pain, a serious infection or an accident - there are numerous reasons why employees need to see a doctor immediately. In such situations, the employer is obliged to give employees paid time off work. Some examinations are also tied to certain times, such as blood tests, which must be carried out in the morning as the patient should be fasting. In these cases too, the employer must accept the employee's absence.
What should be done if no doctor's appointment is available outside working hours?
According to the judgement of the Federal Labour Court, the employer is obliged to give the employee paid time off. Paid time off is already necessary if the doctor is unable or unwilling to accommodate certain appointment requests from the employee. But what if there are consultation hours outside of working hours, but the next available appointment is not until next week or a month from now? There is no standardised answer.
Is it necessary for the employee to choose a doctor's appointment outside working hours? If at all possible, the employee must schedule medical appointments in their free time. However, these appointment slots are extremely popular with many working people and are therefore often booked well in advance.
Can the employer demand a change of doctor from the employee?
Can the employer ask the employee to do this? Quite clearly: No, they may not! The Federal Labour Court clarified this question back in 1984. Each employee is free to choose their own doctor and may not be dictated to by the employer.
What rules apply to preventive examinations such as skin cancer screening or mammography?
The same applies here as for non-acute illnesses: The employer can insist that medical appointments are attended outside working hours. Even longer waiting times are reasonable for the employee.
Do part-time employees also have to be given paid time off for medical appointments?
Employees who work part-time should have sufficient opportunity to visit the doctor during normal working hours. If there are no acute problems, it is generally reasonable to make an appointment outside working hours.
What applies to flexitime arrangements?
Flexitime allows employees to work flexible hours. In order to reduce absences from work, the employer can request that this flexibility be used for medical appointments. This means that a doctor's visit in the morning can be compensated for by finishing work later, for example, or the time missed can be made up on other days.
If a doctor's appointment is during core working hours, the same procedure is required as for part-time employees: paid time off is only granted in justified exceptional cases or if there are acute complaints.
What applies to regular treatments such as physiotherapy?
In such cases, the loss of working hours adds up. The higher the number of appointments, the more likely it is that the employee will be obliged to schedule them in their free time.
Does the employer have to give pregnant women time off for examinations?
The answer to this question is a resounding yes! According to Section 7 of the Maternity Protection Act, pregnant women are entitled to paid time off for all necessary check-ups. These examinations take place every four weeks up to the 32nd week of pregnancy and every fortnight thereafter.
What about visits to the doctor with sick relatives?
If, for example, the child is ill or the employee accompanies another relative to the doctor, the same conditions apply as for a visit to the doctor. Employees are only entitled to time off if the doctor's appointment cannot be scheduled outside of regular working hours. In addition, the employee must be able to prove that it is necessary to accompany the person concerned.
Does paid time off also apply to travelling time?
If the employee receives paid time off for the doctor's visit, this also applies to the journey there and back. It is important that the employee takes the direct route back to the workplace without any detours.
Does the employer have to be informed in advance about the doctor's visit?
If an employee is absent from work, he or she is obliged to inform the employer in advance of the reason for the expected duration of the absence. This duty to inform also applies to medical appointments. If the employee fails to provide this information, the employer can issue a warning and, in the event of a repeat offence, even dismiss the employee for conduct-related reasons.
Can the employer demand proof of the doctor's visit?
The employer is not obliged to rely solely on the employee's verbal statement. The employer can even request a doctor's certificate signed by the employee. Ideally, the employer should prepare this certificate in advance and give it to the employee to sign. It should contain the following information:
- Name & working hours of the employee
- A confirmation that the doctor's visit was absolutely necessary during working hours
- A text field in which the doctor fills in the start and end of the treatment
In short, the employee should, if possible, make sure that medical appointments take place outside of regular working hours. Exceptions are possible after medical urgency and consultation.