Examples

Facts of the case:

Employee B. started their position on 1 January 2022. Employer D. terminated the employment relationship by letter dated 25 June 2024, effective 30 September 2024 (notice period: 3 months).

B. was subsequently incapacitated for work due to a back condition from 2 July 2024 to 20 July 2024.

Calculation result:

Graphical representation: Case example 1 – Incapacity to work after notice of termination

Facts of the case:

Employee B. started their position on 1 January 2022. Employer D. terminated the employment relationship by letter dated 25 June 2024, effective 30 September 2024 (notice period: 3 months).

B. was subsequently 100% incapacitated for work due to a back condition from 2 July 2024 to 20 July 2024 and from 2 August 2024 to 10 August 2024.

Calculation result:

Graphical representation: Case example 2 – Two incapacities to work of the same nature after notice of termination

Facts of the case:

Employee B. started their position on 1 January 2024. Employer D. terminated the employment relationship by letter dated 25 July 2024, effective 31 October 2024 (notice period: 3 months).

B. was subsequently 100% incapacitated for work due to a back condition from 2 September 2024 to 20 September 2024, and then due to an accident from 2 October 2024 to 10 November 2024.

Calculation result:

Graphical representation: Case example 3 – Two different incapacities to work after notice of termination

Facts of the case:

Employee B. started their position on 1 January 2024. Employer D. terminated the employment relationship by letter dated 25 September 2024, effective 31 December 2024 (notice period: 3 months).

B. was subsequently 100% incapacitated for work due to a mental illness from 15 November 2024 through to and including 31 January 2025.

Calculation result:

Graphical representation: Case example 4 – Incapacity to work after notice of termination with change of year of service

Facts of the case:

Employee B. started their position on 1 January 2024. Employer D. terminated the employment relationship by letter dated 27 September 2024, effective 30 November 2024 (notice period: 2 months).

B. was incapacitated for work due to illness from 12 October to 27 October 2024. On 23 October 2024, B. suffered an accident that led to a further incapacity to work through to and including 24 November 2024.

Calculation result:

Graphical representation: Case example 5 – Overlapping different incapacities to work after notice of termination

Facts of the case:

Employee B. started their position on 1 January 2022. Employer D. terminated the employment relationship by letter dated 27 September 2024, effective 31 December 2024 (notice period: 3 months).

B. was subsequently incapacitated for work due to a back condition from 4 October 2024 to 31 December 2024. Due to the same back condition, B. had already been 100% incapacitated for work before the notice of termination from 18 August to 31 August 2024.

Calculation result:

Graphical representation: Case example 6 – Incapacities to work due to the same cause before and after notice of termination

Facts of the case:

Employee B. started their position on 1 January 2022. Employer D. terminated the employment relationship by letter dated 23 September 2024, effective 31 December 2024 (notice period: 3 months).

B. submitted a medical certificate attesting full incapacity to work from 23 September 2024 through to and including 30 September 2024.

Calculation result:

Graphical representation: Case example 7 – Incapacity to work from the date the notice of termination was received

Version: 26.7.4.1