During the bulk of the Covid-19 pandemic, anyone with the virus was required to stay home for a certain period of time, whether they showed symptoms or not.
Now the pandemic may officially be over, but “Covid-19 is still with us,” as Germany’s health minister Karl Lauterbach said last week upon announcing the availability of the newest booster vaccine.
There are currently three Covid-19 variants circulating around Germany, with the reported number of cases going up.
READ ALSO: Could there be a new wave of Covid-19 in Germany this autumn?
Workers around Germany may get tested - be it because a close contact had the virus or out of curiosity - and find they also have Covid-19, but are completely free of symptoms.
Does this mean they still need to show up at their workplace, if working from home isn't possible, or should they stay home until they have officially recovered?
Employee must indicate infection
If a person infected with Covid exhibits typical signs of the virus such as a coughing, a cold or a fever, the case is usually crystal clear: they can and should rest at home, as with any sickness.
In accordance with German law, they’ll need to get a sick note from their GP if those symptoms last for longer than three days.
However, positive test alone “does not automatically make you unfit for work," lawyer Alexander Bredereck told Germany’s RND editorial network. "And if you are not on sick leave, you actually have to work. Therefore, the employee is in a difficult situation here."
He continued: "If the employee simply stays at home without a sick note, in the worst case he can risk a warning or even dismissal for not showing up for work."
However, if someone goes to work despite the positive test result, they may endanger their colleagues - as they can become more severely infected.
Furthermore under German labour law, the employee is usually obliged to inform their employer of the Covid-19 infection.
READ ALSO: How sick leave pay in Germany compares to other countries in Europe
Uncertain legal situation
"At the moment, there are no legal requirements that employees and employers have to adhere to," says Bredereck.
In February 2023 Germany’s ‘Occupational Health and Safety Ordinance’ on Covid-19 - which would have required those with an infection to stay home at least five days - came to an end.
Since then, Germany’s Ministry of Labour has simply recommended that each employer implement their own hygienic requirements to protect their employees from Covid and other infectious diseases such as the flu, which is soon expected to see a spike in cases as the autumn/winter season takes hold.
If there is a high incidence of infection in one particular region, the Ministry of Labour recommends that, in addition to the usual hygiene measures, social distancing measures should be implemented again and people should reduce their contacts.
This suggests that workers should not endanger other workers in this situation.
Stay transparent
To solve the dilemma and avoid conflicts, Bredereck recommended that employees simply stay transparent with their management.
"Don't take any unnecessary risks or get into trouble with your boss," he said. "Ask your employer what you should do."
Alternatively, the employee could also turn to their GP for a sick note, which for regular patients is also available via phone in some cases.
"Then the doctor has to decide what makes sense, and the employee is on the safe side," explained Bredereck.
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