There is almost nothing left of the Corona measures. The rules imposed by Bavaria were all lifted as of March 1, 2023. Only a few mask regulations apply nationwide, for example for visitors to nursing homes and hospitals.
What is your professional life like? An overview of what Corona rules still or no longer apply, whether Corona-infected employees have to go to work and whether the employer still has special obligations for health protection.
Corona Occupational Safety and Health Ordinance expired on February 2nd
Die The Federal Cabinet ended the Corona Occupational Safety and Health Ordinance on February 1, 2023. Because the infections had decreased, serious infections were rarer and the immunity in the population was now quite high.
The SARS-CoV Occupational Health and Safety Ordinance had prescribed operational hygiene concepts for employers and listed, among other things, the minimum distance of 1.5 meters, wearing a mask, mobile phone hygiene and ventilation.
Telephone sick leave until March 31st
Anyone suffering from mild respiratory diseases can be given sick leave for up to seven days over the phone. A one-time extension is possible. This Corona special regulation is valid until March 31, 2023. Doctors’ practices would thus “continue to have an easy-to-implement option for distinguishing between mild and severe cases of illness and avoiding full waiting rooms”, wrote the Federal Joint Committee in its press release.
In general, the recommendation applies that sick people should not go to work: “Anyone who has symptoms and is sick stays at home so as not to infect others,” it formulates the Bavarian Ministry of Health. But what if the corona test is positive but the person feels healthy and has no symptoms?
Positive corona test? The doctor decides on sick leave
The question of whether a person who tests positive and has no symptoms has to work ultimately depends on whether they receive a certificate of incapacity for work (AU). Because a positive corona test does not replace sick leave.
“In principle, a symptom-free patient suffering from corona does not have to be given sick leave. There are also no longer any isolation requirements. The doctor will make this dependent on the individual case.” National Association of Statutory Health Insurance Physicians (KBV) on BR24 request
According to the KBV spokesman, one criterion could be, for example, whether the patient has direct contact with many people professionally.
So the decision lies with the doctor. Medical aspects and medical discretion count here. According to the Professional regulations for doctors in Bavaria. And in the Disability Policy Policy are listed as criteria, among other things, that the person cannot carry out their work “due to illness”, an aggravation of the illness is to be feared or “due to a specific illness” the health could be damaged to such an extent that incapacity to work arises.
The Federal Center for Health Education also recommends contacting the doctor by telephone “to coordinate further action” if a self-test or quick test is positive.
Infected at work? Possible but not recommended
Since March 1, 2023, “there are no longer any mandatory protective measures” for those who have tested positive, the State Office for Health (LGL) states in response to a request from BR24. Anyone who is corona positive is allowed to leave the house. However:
“For the duration of the infection, it is still advisable to comply with the generally applicable recommendations for infection prevention, in particular the AHA+L rules, and to wear an FFP2 mask or at least a medical face mask if you come into contact with other people – especially indoors and if minimum distances are not observed to protect everyone involved.” State Office for Health (LGL)
The AHA+L rules mean: distance, hygiene, mask and ventilation.
Anyone who tests positive but is not on sick leave has to go to work. It doesn’t matter what kind of test it is. Working with vulnerable groups is stricter. According to the LGL, the procedures and occupational health and safety regulations of the respective facility must be observed here.
Being infected at work can be a consequence of missing measures and medical judgement. However, the recommendation of the LGL for people without symptoms would be different: self-isolate voluntarily, inform contact persons and, if possible, work from home. The home office requirement expired in 2022. But the employer can still make it possible.
