Can employees visit the doctor during work hours in Germany?

Whether you've been waiting months for a specialist doctor or need to schedule a quick visit to your GP, many employees want time off work to head to their appointment.

However, some bosses aren't keen to allow this in the workplace. We look at the law around it. 

'Try and book outside working hours'

As anyone who's lived in Germany knows, getting an appointment with the doctor (Arzt) at a convenient time is tricky. Appointments before or after office hours are rare, leaving people wondering if they can schedule it during the day. 

Johannes Schipp, a lawyer in employment law, said workers should always aim to set an appointment when they're not at work.

"In principle, doctor’s appointments should take place outside working hours," Schipp told the German news agency. He added that it doesn't make difference whether someone is working part-time or full-time.

IG Metall, Germany's largest trade union, also says doctor's appointments are considered a private matter and reiterated that "employees should not visit the doctor during working hours".

However, they stressed a number of exceptions. 

"Anyone who falls acutely ill while at work may visit the doctor," the union said. "This may be the case, for example, with severe joint or toothache.

"Routine check-ups or preventive medical examinations do not fall into this category. In other words: a visit to the doctor during working hours must be medically necessary."

If a doctor’s appointment is necessary for health reasons and can only be attended during working hours, the employer has to allow this as a duty of care, Schipp added. 

READ ALSO: Which specialist doctors in Germany have the longest waiting times?

What if no other appointments are available?

The union said that even if it's not a medical urgency, there are times when a manager must allow an employee to visit the doctor. 

This can apply if the doctor has no other available appointments or if all possible consultation hours fall within working hours.

"Or in the case of specific examinations that are only offered at certain times – such as blood tests on an empty stomach, X-rays or CT scans," added the union.

"In these cases, the employer must not only grant leave but also continue to pay the employee’s wages. Wage payment covers not only the time spent at the doctor’s appointment but also the journey to the clinic."

Are you guaranteed paid time off if you visit the doctor while at work?

Section 616 of the German Civil Code (BGB) sets out the circumstances in which employees continue to receive their pay.

Employees are entitled to receive full pay if they are not 'responsible' for the interruption to their work, for example if it's an urgent health matter that they need to visit the doctor for. The same applies if they only interrupt their work for a short period – the legal phrasing here is a "relatively insignificant period of time".

However, because these statements are open to interpretation, Germany has seen disputes over when workers can continue to be paid when they have to leave work.

For that reason some collective agreements or employment contracts may contain more provisions to clarify this. 

In general, make sure to ask your manager in advance for time off for a doctor's appointment. And, if needed, get written confirmation from the doctor or specialist that the appointment could only be allocated at a time during your working hours. 

READ ALSO: Which specialist doctors in Germany have the longest waiting times?

With reporting from DPA