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Continued payment of wages in case of insurance reservation of the daily allowance insurance

AMATIN AG, 2020

The employer is liable to the employee for the absence of benefits from the daily allowance insurance.

If the employee is ill, the employer is obliged to continue to pay wages for a limited period. This is often contractually replaced by an equivalent daily sickness benefit insurance. The employer is liable for taking out daily benefits insurance with the benefits promised to the employee and for the payment of premiums.

Many collective daily benefits insurance schemes have reservations for pre-existing conditions. If in such cases the daily sickness allowance insurance does not pay or pays only part of the salary, the employer owes the employee the salary or the difference to the salary according to the employment contract.

When taking out daily benefits insurance, the general and special insurance conditions must be carefully examined and any insurance reservations must be indicated in the employment contract. If the employer overlooks the reservation when taking out the insurance and the insurance company refuses to pay the employee the benefits contractually guaranteed, the employer must pay these himself.

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