From 20 December 2021, all employers are obliged to issue confirmation to an employee who tests positive at the workplace.
The confirmation must include:
- the date of the positive test;
- the employer’s name and identification number;
- the name of the employer’s contact person and their telephone number;
- the first name and surname of the tested employee, their date of birth and their health insurance number;
- the employer’s signature and stamp.
The following SAMPLE confirmation may be used.
Based on this confirmation, the employee will then undergo a confirmatory PCR test, i.e. the employee no longer has to ask their attending physician or occupational physician to issue a request.
Until the result of the confirmatory PCR test is received, the employee must remain in quarantine, which is considered an obstacle to work on the part of the employer for which the employee is entitled to compensation (Antivirus A)
The new measure follows the requirement for companies to test employees, which went into effect on 22.11.21.
As a reminder, companies are required to test employees once a week. They will be able to use antigen testing and do-it-yourself testing. Vaccinated employees, those who have been cured of covid-19 disease for 180 days or less, and individuals who have a negative antigen or PCR test no older than seven days have an exemption from testing. Employees on smart work or those who do not come into contact with other people are exempt from testing.
Source: Eversheds Sutherland
