Employer Failed to Recoup Funds After Unemployed Individual was placed under Quarantine by Authorities - Quarantine Fund Reimbursement: Employment agency fails to recover funds spent on obligatory quarantine of jobless individuals
unemployment benefit paid to an individual from a Job Center in Hesse, Germany, in December 2020, following his quarantine due to a Coronavirus infection, has been upheld by the Federal Administrative Court.
The claim for refund of the unemployment benefit and social security contributions for the quarantine period was initially made by the Job Center to the Main-Kinzig district, as the compensation claim had been transferred to them by the benefit recipient. However, the Job Center did not receive the funds, prompting them to file a lawsuit with the Administrative Court Frankfurt am Main.
The lawsuit was dismissed by the court, and in a subsequent decision, the Federal Administrative Court has also ruled against the Job Center. The prerequisite for compensation is that the person suffers a loss of earnings due to quarantine – the unemployed man did not.
During the COVID-19 pandemic, Job Centers and the Federal Employment Agency (BA) in Germany have encountered various legal questions concerning compensation and refunds related to quarantine periods of jobseekers. If a jobseeker is placed in quarantine by health authorities and cannot attend appointments or fulfill obligations, Job Centers might seek refunds or adjustments in benefits paid during this time.
The legal stance often depends on specific court rulings and interpretations of administrative law. The Federal Administrative Court's current stance on this particular Job Center's claim for refund during a jobseeker's quarantine during the pandemic remains undetermined without more detailed and current information.
For up-to-date and specific information, it is advised to consult legal databases, the Federal Administrative Court's official announcements, or contact the Federal Employment Agency in Leipzig directly.
- Given the current stance of the Federal Administrative Court, Job Centers in Germany may not expect a refund of unemployment benefits and social security contributions for quarantine periods, as seen in the case of a Job Center in Hesse, even though a claim was made to the Main-Kinzig district and later dismissed by the Administrative Court Frankfurt am Main.
- In the context of the ongoing pandemic, legislative questions concerning compensation and refunds related to quarantine periods of jobseekers continue to arise, necessitating consultation of legal databases, official announcements from the Federal Administrative Court, or direct contact with the Federal Employment Agency in Leipzig for the most accurate and current information.
