After several years of strict regulation, many corona protection measures no longer apply. An overview of current rights and obligations.
Most of the corona protection measures in Germany have been lifted since the beginning of March. The isolation obligation for people who are Corona positive no longer applies nationwide. But does that also mean that employees whose corona test is positive have to come to work?
Symptom free and positive
Yes. Because where there is no longer an obligation to isolate according to state regulations, employees are generally obliged to go to work if they are symptom-free, according to lawyer Anke Marx from the Saarland Chamber of Labor. However, there are exceptions.
In general, the following still applies: Anyone who has symptoms should stay at home – and have their incapacity to work certified by a doctor. Until the end of March 2023, sick leave for up to seven days with mild respiratory diseases can be made by telephone. The sick leave can then be extended by up to seven more days by telephone.
No uniform rule
Different regulations apply in the health sector depending on the federal state. In some cases, there is still a ban on activities and entry for those who have tested positive. The regulations that apply to infected people in the respective federal state can be called up individually via the website infection protection.de of the Federal Center for Health Education (BzgA).
Mask requirement in the workplace
In various federal states there are regulations for infected people instead of the obligation to isolate. In Hesse, people who are corona positive must continue to wear a mask outside their own home for five days. This also applies in Saarland – as long as you do not work at a distance of 1.5 meters from other people outdoors or are in a room that is only used by you.
If you go to work in these cases with a positive corona test, you have to work with a mask on site or in an individual office, depending on the circumstances. According to Marx, employees “do not have the right to choose between isolation or the obligation to wear a mask”. However, the employer is obliged to ensure compliance with occupational health and safety regulations. “In particular, breaks for wearing the mask should be made possible,” says Marx.
Where home office agreements have already been made, the employer can usually order people who have tested positive to work from home, says Marx. Then infected people would have to work in the home office – provided that this is reasonable in individual cases.
