When do vacation days count as sick days?

As a general rule, isolated sick days during vacation are deducted from the employee's vacation entitlement.

However, under certain conditions, these days are not counted as vacation and do not reduce the employee's vacation balance. The following criteria must be met:

• Minimum duration of illness: The illness must last continuously for more than three calendar days (not working days!). 
• No intentional or grossly negligent cause: The illness must not have been caused intentionally or through gross negligence by the employee.
• No employment during vacation: The illness must not have resulted from employment that conflicts with the purpose of rest and relaxation during vacation.
• Notification obligation: The employee must inform the employer of the illness no later than three days after the start of the illness (not when he/she returns form the vacation). In the event that an employee is prevented from making an immediate notification due to important reasons (e.g., serious illness), the notification may be made after the reason for the delayed notification has been removed.
• Proof requirement: Upon resuming work, the employee must, without being prompted, provide appropriate documentation confirming the duration of the illness (e.g., a medical certificate).
• Illness abroad: In the event of illness while abroad, an official proof of the treating foreign physician's medical qualification must be provided.

Even in the case of prolonged illness, the law does not provide for an automatic extension of the vacation period beyond its originally scheduled end. Without a separate agreement, the vacation period is not extended by the duration of the illness.

Conclusion

For employers, it is essential to handle cases of illness during vacation in a legally compliant and transparent manner. Clear internal policies and effective communication with employees help prevent misunderstandings and ensure proper implementation of legal requirements. Therefore, employers should do as follows:

• Establish clear communication: Inform employees — preferably in writing — of their obligations to report and document their illness during vacation. 
• Maintain accurate vacation records: Ensure proper documentation and adjustment of vacation balances when illness is substantiated.
• Documentation: Record the timing of the illness notification and the submission of supporting documentation.
• Train supervisors: Raise awareness among managers regarding the correct handling of sick leave during vacation to ensure consistent practices.

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