Having gone into effect on May 9, 2021, the German COVID-19 Protective Measures Exemption Regulation (SchAusnahmV) grants relief to vaccinated individuals and individuals who have recovered from a COVID-19 infection.
According to this regulation, a person is considered to have been vaccinated if they have no symptoms and are in possession of a vaccination certificate issued in their name. Proof of vaccination can be provided no earlier than 14 days after the last required vaccination. Even individuals who have recovered from a COVID-19 infection must present a certificate of convalescence issued in their name. Proof of convalescence can be provided by presenting a positive PCR test dating back at least 28 days to a maximum of six months.
For those who have been vaccinated and those who have recovered, several restrictions such as for example the ones on private gatherings or the nighttime curfew no longer apply. In addition, they are considered equal to persons who have tested negative. The regulation leaves the specific extent of the relaxations and exceptions for vaccinated and convalescent persons to the federal states. However, the relaxations will exclusively concern private life.
The German COVID-19 Protective Measures Exemption Regulation (SchAusnahmV) does not affect working life. The obligation to wear masks, to maintain minimum distances in public areas, and to comply with hygiene and protection concepts continue to apply to all employees, regardless of whether they have been fully vaccinated or have recovered.
Also, employers are still required to offer Corona testing to employees, regardless of their vaccination or recovery status. The reason for this is that the COVID-19 Occupational Health and Safety Regulation continues to apply. Initially, this will only apply until June 30, 2021, but the German parliament has recently decided that the classification as national epidemic situation will be extended beyond June 30, 2021.
An extension of the regulations, at least in part, therefore seems likely. Thus, it is to be expected that protective measures such as the regulations on social distancing and contact reduction in offices or other business premises and the creation or maintenance of hygiene concepts will initially remain in force or be extended in order to continue to contain the risk of infection in the occupational environment.
Vaccinations in companies by company physicians are now to be added in the context of the nationwide vaccination campaign. Vaccinations have already been carried out in some companies as part of pioneering projects. Since June 7, 2021, companies have the option of offering Covid vaccinations to their employees. Companies that have vaccinations carried out by company physicians must ensure that employees interested in vaccination are adequately informed by the company physicians carrying out the vaccination and that the information, medical history and consent forms provided are not incorrect.
The Federal Ministry of Health wants to provide at least 500,000 vaccine doses per week to company physicians.
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