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Federal states implement partial vaccination differently

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Berlin (dpa) – In Germany, the so-called facility-related corona vaccination will soon be applied. Until Tuesday, employees of health centers, clinics and medical offices must be vaccinated against the coronavirus and present the relevant tests.

According to the Federal Ministry of Health, the health authorities will be able to implement compulsory vaccination in these professions and, if necessary, draw consequences from Wednesday. But in many places the authorities rely on multi-stage procedures that can take a long time, as a survey by the German Press Agency shows.


The health authorities initially give unvaccinated workers three weeks to present proof of vaccination or recovery or a certificate of exemption from the obligation to vaccinate. If you have started a vaccination series, there are no entry or work restrictions for six weeks. You can follow a second reminder with offers of counseling and vaccination appointments. Employees can only be denied access to the premises if this also does not lead to proof of vaccination.


Health authorities should carefully check whether homes and hospitals can still be supplied before issuing entry bans for unvaccinated employees. Some districts have already announced that individual exams are likely to last into the summer.


The health department asks those affected to present evidence. The office’s investigations follow, if necessary, with a medical examination, hearings, a penalty payment or a fine. In a decree on compulsory vaccination, the State indicates discretionary power. “Not all facility-related vaccination requirement violations necessarily lead to an entry or activity ban.” This must be avoided if this significantly jeopardizes medical or nursing care in the respective district or independent city.


As of Wednesday, establishments must inform the health authorities who is not vaccinated in them. This is followed by months of administrative proceedings with individual reviews and employee and employer hearings. Health authorities must discretionally decide who, as a last resort, can no longer go to work. This decision must also include whether the operation can be guaranteed without the affected employees.

Mecklenburg-Western Pomerania

The employer must inform the health department that you are not vaccinated. Then a procedure with a hearing begins, and in the end there is a discretionary decision according to the Ministry of Health. It could take several weeks, they said. Employees can still be vaccinated during this time, so there will be no consequences.

lower saxony

According to the Ministry of Health, health authorities first ask unvaccinated employees to present proof of vaccination or a certificate. It is recommended that the facilities be initially used by interested employees away from patients. If no evidence is presented, a hearing with the threat of a fine could follow: this fine is 1,500 euros for a full-time position. After that, a fine of up to 2,500 euros can be imposed. If proof is not provided, the health department may issue an entry or activity ban.


After reporting an unvaccinated employee, the health department initiates an administrative proceeding. Affected employees may continue to work at the facility after Tuesday until their case is reviewed. The health department then makes a discretionary decision and may order an entry or activity ban in individual cases.


Anyone who has been reported as unvaccinated will be informed as of Wednesday that they must present proof of vaccination and that a period of four weeks will be given to do so. After the deadline, employees will again be asked to provide proof of vaccination. At the same time, a ban on employment is threatened. In addition, unvaccinated employees have the opportunity to be heard. If proof of vaccination is not available after another four weeks, an activity ban will be issued.


If employees have not provided proof of vaccination by Tuesday, these unvaccinated employees will be reported to health authorities with their name and contact details. The authorities then give the employees in question a period of probably two weeks to present the evidence. If the readiness to vaccinate is set by then or if the vaccinations have already started, there is another deadline. If proof is then also not presented, so-called activity or care bans can be imposed. However, health authorities have a margin of discretion and can make decisions on a case-by-case basis. There are also fines.


The health department must contact unvaccinated employees within two weeks and request that they submit valid proof within one month. If this does not happen, the health department will decide whether to issue an activity ban or an entry ban. Each individual case must be reviewed. Criteria such as the vaccination rate in the establishment, the current number of staff or the possibility of hiring staff from other sources should also be taken into account.


In case of not presenting the vaccination certificates before March 15, 2022, or if there are doubts, the management of the establishment in question must immediately notify the responsible health authority. Unvaccinated employees will be asked to provide the necessary evidence and given two weeks to do so. If proof is still not provided, a fine of 500 euros is usually imposed. Additionally, employees are prohibited from entering the facility, he said.


If there is no proof, the health authorities must contact the accused. In the second step, an order will be issued to provide proof of immunity. Failure to do so will result in a fine. According to the Ministry of Health, there is no prohibition of entry or activity during the procedure.


According to the Ministry of Social Affairs, the facility will initially report to health authorities at the end of March which employees have not provided any evidence. The health department must then ask these employees to submit this proof. A period of four weeks applies. If this does not happen, the health department can impose a fine: in Hesse there is a risk of 2,500 euros. Only in a last step, the health department, with the participation of the facility, examines a possible prohibition of activities. This should go into effect no sooner than six weeks after the health department’s decision.

North Rhine-Westphalia

The health department must contact unvaccinated employees and request testing. If there is no response, a fine of up to 2,500 euros could be imposed. If the affected employees do not provide any evidence within a “reasonable time” or do not respond to the request for a medical examination, the health authorities could prohibit entry to the establishment or work in it, according to the Ministry of Health.


Health authorities should give those affected the opportunity to reconsider their decision. The goal is to convince as many previously unvaccinated people as possible. The offer of advice is followed by a formal request to submit the legally required evidence to the health department. Failure to do so will initiate a sanctioning procedure. “Ultimately, but only as a last resort, an entry ban may be issued,” the Health Ministry said.


Berlin implements compulsory vaccination related to facilities, taking into account security of supply. This means that health authorities assess what level of health care might be at risk and can suspend a procedure on this basis if necessary. Therefore, there are no automatic entry or activity bans for employees who do not present the necessary vaccination certificates. In this case, employees who have not submitted the required evidence may continue working for the time being. If there is no risk in care according to the data collected, the health authorities initiate a sanctioning procedure.

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