According to the law (section 2 (2) of Book IX of the German social code) a person is considered to be severely disabled if they have a disability with a degree of at least 50 and live or work in Germany. An authority (usually the pension office) decides whether someone has this disability. Sometimes a mental illness can also be recognised as a severe disability.
Employees with a degree of disability of less than 50 can receive equal status and thus similar rights to severely disabled employees.
People can be granted equal status according to section 2 (3) of Book IX of the German social code if
- the degree of disability is at least 30,
- their place of residence, usual abode or workplace is in Germany,
- their job is at risk because of their disability or
- they cannot find a suitable job because of their disability.
To ensure that people with severe disabilities or equal status can participate in working life and find a suitable job, they are entitled to the following compensation for disadvantages:
Employees with severe disabilities or equal status have special protection against dismissal, which is described in the law in Book IX of the German social code, section 168 et seq.
Employers are not allowed to simply dismiss employees just due to their disability. Before a dismissal can take place, employers must obtain permission from the relevant office (usually the Integration Office (Integrationsamt)). This office is designed to ensure that the rights of employees with disabilities are protected and that they are treated fairly.
The Integration Office (Integrationsamt) aims to ensure that employees with disabilities can keep their jobs. It also offers specialist support and funding to employers to help them better manage the needs of their employees with disabilities.
According to the law (section 208 of Book IX oft the German social code), employees with a severe disability are entitled to an additional week of paid leave per year.
However, the entitlement to this additional leave must be expressly requested, otherwise it may lapse at the end of the year. Employees with equal status are not entitled to additional paid leave.
Employees with severe disabilities have the right (section 207 of Book IX of the German social code) to be released from overtime work if they wish. If employers ask them to work more than 8 hours a day, they can refuse.
Employees with a severe disability or equal status have the right to have their workplace, work organisation and working hours designed to suit their disability.
The aim for employees with a severe disability or equal status is to be able to pursue a job in which they can fully utilise and further develop their abilities and knowledge (section 164 of Book IX of the German social code).
Frequently asked questions (FAQ)
You can apply for equal status at your local employment agency. Once you have submitted the application, you will have special protection against dismissal for three weeks, even if the application is later rejected.
The severe disability assessment is applied for at the state pension office (Landesversorgungsamt/Landesamt für Versorgung/Versorgungsamt).
- To find out more, search for ‘application for severe disability’ and the name of your federal state.
You can get help with the application from the supplementary independent participation advice centre (Ergänzende Unabhängige Teilhabeberatungsstelle, or EUTB) or the specialist integration services (Integrationsfachdienst, or IFD) in your federal state.
The processing time depends on the federal state in which you live. Normally, it takes between 2 and 4 months.
To ensure that your application is processed quickly, make sure that you submit all the necessary documents with your application.
You do not have to tell your employer if you have a (severe) disability. However, there may be advantages to doing so, for example, in order to receive special support (see ‘disability adjustments’ above).
If you apply for equal status, your employers will be informed. If you wish, you can also inform your employers about your application for equal status before you apply.
You can find support from your company's representative body for severely disabled employees or the specialist integration services (Integrationsfachdienst, or IFD) in your region.
Whether you have public or private insurance, there is no difference in the procedure for determining severe disability or equal status.
Have you heard about the ‘Schwer-in-Ordnung-Ausweis’ (a cover for the severely disabled person's pass, which translates into „severely OK pass“)? The cover for the pass is an idea by Hannah Kiesbye, who received the Federal Cross of Merit in 2020 for her commitment. Thanks to the positive response, the pass cover is now available free of charge in several federal states.