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Apply for Compensation Under the Infectious Diseases Control Act

If you are required to self-isolate or are no longer permitted to work due to an order from the public health department and, as a result, suffer a loss of earnings, you may be eligible for compensation. The amount of compensation depends on your earnings.

Isolation may be imposed by statutory order—for example, upon entry into the country—or by public health authorities through an individual order or a general order. A prohibition on working is also issued by general order or ordered individually by the competent local police authority.

If you are performing a different job or working from home, you are not entitled to compensation.

The following applies to employees:

  • For the first 6 weeks, you will receive compensation for lost earnings directly from your employer in the amount of your previous net pay. This also takes short-time work benefits into account.
  • Contributions to voluntary private social insurance may also be part of this compensation.
  • Starting in the 7th week, the competent authority will pay compensation amounting to 67 percent of the loss of earnings, up to a maximum of 2,016 EUR per full month.
  • Any supplements from your employer are deducted from this calculation.
  • If you are eligible for unemployment benefits during the work restriction period, you will receive them from the Employment Agency. 
  • If you are responsible for caring for one or more children or a person with a disability, you may apply for compensation. This is subject to the condition that you suffer a loss of earnings because schools or childcare facilities are closed as part of an officially ordered quarantine and the Bundestag has declared a national public health emergency.
  • Payment is made in the form of continued wage payments by the employer.   

The following applies to employers :

  • You must pay the compensation to your employees. You can then have the amounts paid reimbursed by the relevant authority. 
  • Contributions to pension, long-term care, and health insurance may also be reimbursed. You can apply for an advance payment from the competent authority.
  • If you provide continued wage payments as compensation for lost earnings, you can apply for reimbursement. You must submit the application within 2 years after the closure of the childcare facility ends or after the quarantine period ends.

For self-employed individuals:

  • You will receive the reimbursement directly from the competent authority.
  • Your most recent annual profit is used for the calculation. This amount is divided by 12. 
  • You can claim a refund for contributions to pension, long-term care, and health insurance. 
  • You can apply for an advance payment.
  • If you are responsible for caring for one or more children or a person with a disability, you can apply for compensation. This is contingent on your suffering a loss of earnings because schools or childcare facilities are closed as part of an officially mandated quarantine and the Bundestag has declared a national public health emergency.


If you are subject to a work ban or quarantine, as a self-employed person, in addition to being entitled to compensation for loss of earnings, you are also entitled to reimbursement for ongoing, uncovered business expenses—such as rent or loans—provided that your livelihood is at risk.

This applies only to business expenses that cannot be avoided. In addition, you must keep these business expenses as low as possible. Reimbursement will be provided to a reasonable extent. 

This is what is known as a “discretionary benefit.” This means the authorities have some leeway in determining whether a claim exists and how much it amounts to.

The following applies to home-based workers:

  • Unlike for self-employed individuals, your average monthly income is taken into account for the calculation.

Additional expenses incurred during the period of lost income

Additional expenses incurred may be reimbursed upon application, provided that a threat to one’s livelihood exists. In this context, “additional expenses” generally refers primarily to those expenses that are likely to be incurred mainly by self-employed individuals.
 

  • For employees, compensation equal to the loss of earnings is paid by the employer for up to 6 weeks. After the 6 weeks, the competent authority pays 67 percent of the loss of earnings, up to a maximum of 2,016 EUR for a full month.
  • Self-employed individuals receive reimbursement directly from the authority
  • An application for compensation must be filed within 24 months of the start of the work restriction or the end of quarantine.
  • No entitlement in the event of illness or inability to work
  • Loss of earnings is compensated on a pro-rata basis for up to 6 weeks under certain conditions.
  • Compensation is available if you must care for your child or foster child due to an official closure and the Bundestag has declared a national epidemic.
  • The prerequisite is that you are temporarily unable to work as a result.
  • At least one child is under 12 years of age or has a disability and requires assistance.
  • If your livelihood is at risk, the authorities will grant compensation for ongoing, uncovered business expenses during the period in which your business or practice is suspended due to quarantine or a ban on operations.
     

For employees:

  • Application: Within the first six weeks, your employer will submit this on your behalf
  • Proof of the amount of wages earned in the month of the loss of earnings as well as in the two preceding months
  • Proof of any subsidies paid or not paid
  • Medical certificates for sick leave
  • Notice of the prohibition on working and—if available—its revocation
  • If applicable: Excerpt from the collective bargaining agreement regarding continued pay during absence from work
  • Proof of the child’s isolation—if available: proof of the school’s closure
  • Proof of the child’s age (e.g., birth certificate) 
  • If applicable: Proof of disability

For employers:

  • Pay stubs for the two months prior to the loss of earnings for each employee
  • Pay stubs for the months for which reimbursement is being claimed, for each employee
  • If applicable: Sick leave certificate
  • Notice of the work restriction or isolation, or proof of the child’s isolation or school closure 
     

 

For self-employed individuals:

  • Application
  • Income tax assessment from the year prior to the isolation or activity ban; if not available, a financial statement from your tax advisor
  • Medical certificates in the event of a sick leave
  • Notice of the prohibition on practicing—and, if available, notice of its lifting
  • If applicable, proof of insurance benefits received
  • If applicable: Proof of the child’s quarantine—if available: Proof of the school’s closure
  • Proof of the child’s age (e.g., birth certificate) 
  • If applicable: Proof of disability
     

In the case of ongoing costs not covered, proof is required. This can be provided through a business analysis (BWA) for the month in question. However, it is likely that additional documents will be requested on a case-by-case basis. In general, proof that one’s livelihood is at risk must be provided.

In the event of additional expenses incurred during the period of lost earnings, the required documents will be specified on a case-by-case basis. In general, proof that one’s livelihood is at risk must be provided, as well as proof of the additional expenses, so that the amount of compensation can be determined. This could, for example, be a receipt for travel expenses incurred within the relevant scope.

If necessary, additional supporting documentation may be requested by the responsible authorities during the processing of the application.

If you are submitting this application on behalf of a company or a self-employed individual—for example, as a tax advisor—you will also need a power of attorney.
 

You are entitled to reimbursement for your loss of earnings if:

  • you are subject to a work restriction
  • or you are required to self-isolate 
  • and you have suffered a loss of earnings
  • The self-isolation could not have been avoided by receiving a recommended vaccination or undergoing legally required preventive treatment
  • You have no way to compensate for the loss of earnings through another reasonable occupation.

In the event of quarantine or a work ban, you are entitled to compensation for ongoing, uncovered business expenses if:

  • You are self-employed
  • Your business or practice is suspended during the work ban or quarantine 
  • Your livelihood is at risk
  • There are ongoing but uncovered business expenses

Parents are entitled to compensation for lost income due to child care if: 

  • You are caring for your child or children yourself due to the closure of a childcare facility or school by the authorities, and the Bundestag has declared an epidemic situation of national significance.  
  • And your child is younger than 12 years old or has a disability and is dependent on assistance
  • And you have suffered a loss of earnings
  • And you have legal custody of this child
  • And you have no other reasonable childcare options.
     

There are no costs involved.

Ideally, applications should be submitted digitally; however, they may also be submitted in paper form. In general, missing documents or information will be requested, which can extend the processing time. The specific procedure varies depending on the type of employment: 


For employees

  • Employees receive compensation during the first six weeks in the form of continued pay from their employers.
  • Starting in the seventh week, they must file an application with the appropriate authority themselves in order to continue receiving compensation.
  • An employee may also claim benefits from their voluntary social insurance. To do so, the employer must have previously submitted an application in accordance with § 56 IfSG.
  • In addition to this application, the employee must submit an application under Section 58 of the fSG; this will be provided upon request. 

For Employers

  • Employers can subsequently request a refund of the compensation upon application.
  • Employers and employees use the same form for this purpose. If the request is based on a need for care, a different form is required.

For Self-Employed Individuals

  • Self-employed individuals may submit the application themselves. A customized application form is available for this purpose. The forms also differ depending on the type of reimbursement requested; therefore, it is important to specify whether the compensation is based on isolation/prohibition of work or whether a caregiving need existed. 
  • If reimbursement of operating costs is requested, this must be indicated on this form; this can also be done by attaching additional supporting documentation. 
  • After the claim has been reviewed, a corresponding decision will be issued; the reimbursement amount is generally paid out upon receipt of the decision.

Applications are processed in the order in which they are received.

If the application is complete, processing takes approximately 2–4 weeks.

You must file the application for reimbursement of lost earnings due to a suspension of work no later than 24 months after the suspension begins. In the case of isolation, you must file the application within 24 months after the end of the isolation period.
 

  • Lawsuit in Administrative Court

None

Ministry of Labor, Social Affairs, Women, and Health 

Unit E/2 "Infection protection, biological hazards, hygiene in medical facilities, water hygiene, public health service"

The text was automatically translated based on the German content.

Source: Serviceportal Saarland