Psychotherapy during working hours: employee rights explained

Around 20% of Germans have used psychotherapeutic help at least once in their life. Employees often encounter difficulties when it comes to reconciling their therapy appointments and their work schedules. After all, psychotherapists also have fixed practice schedules and therapy appointments before or after work are limited and in high demand. In this article you will find out what this means for you as an employee and when employers are obliged to offer psychotherapy to their employees during working hours.

In principle, you are entitled to paid leave for doctor visits.

Section 616 of the Civil Code (BGB) provides for paid leave if the employee is prevented from carrying out his work for a relatively insignificant period of time through no fault of his own.¹.

This paragraph applies, for example, if doctor’s appointments take place during working hours. However, the prerequisite is that no alternative dates are available during the employee’s free time.

That’s how they are Employees are generally encouraged to attend medical appointments outside of work hours.. Only if this is not possible can you be entitled to paid leave.

For example, if the treatment or examination must take place during the employee’s normal working hours for medical reasons (for example an examination in the morning or treatment on an empty stomach). Even if only appointments during the employee’s normal working hours are available for the foreseeable future, this may give rise to a right to paid leave in accordance with Section 616 of the German Civil Code (BGB).

Can Section 616 BGB also be applied to psychotherapy?

However, it is questionable whether the provisions of Section 616 BGB can be easily transposed to sessions within the framework of psychotherapy.

So we must first consider what it is about Duration and regularity of psychotherapy is ordered. Likewise, the reason for the treatment can also play a decisive role in assessing the situation.

1. Duration of treatment

Section 616 of the German Civil Code (BGB) specifies that prevention can only take place for “a relatively insignificant period”. Not only the duration of individual therapy sessions plays a role here, but also their frequency.

Find over the months weekly therapy sessions during work hours In the place of the employee, we can hardly speak of a temporary obstacle which is not significant.

Particularly in the case of regular, long-term psychotherapy sessions, the time spent on these sessions may be considered too significant to give rise to a claim for exemption under Section 616 of the German Civil Code (BGB).

However, it is short-term psychotherapeutic measures in an acute situation or even a first consultation, § 616 BGB can certainly be considered applicable.

In this case, prevention extends over a relatively insignificant period.

2. Causes and reasons for treatment

But in addition to the duration of psychotherapy, the reasons behind the therapy sessions can also determine whether Section 616 of the German Civil Code (BGB) is applicable – However, caution is required when making this assessment..

In most cases, psychotherapy is considered medical treatment within the meaning of labor law. Finally, acute illnesses such as depression or anxiety disorders can also lead to incapacity for work during which you are entitled to continued payment of wages in accordance with the Continuation of Salary Payment Act.

For non-acute or preventive psychotherapeutic measures However, the medical necessity of the treatment could fundamentally be questioned.²

But in practice this proves difficult. Ultimately, employees do not have to answer to their employer for the reasons why they seek psychotherapeutic treatment.

In no case is it up to the employer to decide whether psychotherapeutic treatment is necessary.

The causes of psychotherapy are therefore largely negligible and could only become relevant in the context of a legal dispute.

Please note: Claims according to § 616 BGB can be excluded

Employees must take Section 616 of the German Civil Code (BGB) into account. device East. This means that the resulting legal rights may be contractually limited or even excluded altogether.

Labor or collective agreements as well as company agreements may be different contain regulations that restrict the rights of employees in connection with this paragraph³.

It is therefore advisable to check the relevant clauses of the relevant contracts and agreements beforehand.

How should employees behave during psychotherapy?

In principle, the same rules apply to psychotherapeutic sessions as to medical examinations and treatments. Employees should first try to schedule their psychotherapy appointments so that they can attend outside of their normal work hours.

To a Emergency meetingin one Exceptional location or even with a Initial consultation However, employees can certainly count on paid leave in accordance with Section 616 of the German Civil Code (BGB).

However, for regular meetings, for example weekly, which take place as scheduled and during working hours, this should be the case. Talk to the employer from the start become. It is advisable to play open cards from the start and communicate your long- or short-term therapy plans accordingly.

Although it is not necessary to disclose the causes of treatment, it may be helpful to emphasize the urgency of therapeutic treatment. Most employers will be understanding and a solution that suits both parties can often be found.

As explained, there can be no right to paid leave in accordance with Section 616 of the German Civil Code (BGB), especially in the case of long-term psychotherapy. Since this paragraph is operative anyway, it will not be applicable at all in many cases.

It is therefore all the more important to reach an amicable agreement with the employer. If paid leave is not an option for the employer, they can of course do so. being offered to make up lost working time as a result.

This is something employers need to consider

Paid leave for an employee, especially on a regular basis and over a longer period, is extremely inconvenient and does not bring much joy to any entrepreneur.

However, employers must take into account that the end result of an employee’s psychotherapeutic treatment from a business point of view it is more desirable than not processing it⁴.

As we have already mentioned, mental illnesses can also lead to incapacity for work, which is inevitably accompanied by continued salary.

Early and consistent treatment of mental illnesses can help the affected employee remain healthy and productive in the medium to long term. At the same time the Reduced risk of work incapacity.

Employees who wish to undergo psychotherapy should therefore be allowed to attend sessions during working hours.

In principle, it is up to the employer to decide whether they wish to work with or without paid leave. However, employees will certainly particularly appreciate paid leave.

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