Workplace Controversy: Telephone Sick Notes and Employer Reservations
Telephone sick notes have once again become an option for employees, following a decision by the Federal Joint Committee for the Healthcare System. However, this temporary regulation only applies for up to five days, and only for patients already known to their GP practice, provided the practice does not offer video consultations. Additionally, sick notes can only be issued by telephone for mild symptoms, with severe symptoms requiring in-person consultations for proper assessment.
Barbara Geck, a specialist lawyer for employment law at Bird & Bird in Frankfurt, discussed the implications of this new regulation in the workplace. She acknowledged employers' reservations regarding telephone sick notes, noting that their evidential value in labor law is significant. If employers lose visibility of their employees seeking medical attention, they may become more skeptical, leading to increased scrutiny.
The Federal Joint Committee highlights that telephone sick notes are not considered "second-class" alternatives. Employers, however, fear that the quality of sick leave is devalued and potentially disrupts industrial peace, according to the Confederation of German Employers' Associations.
So, what are the differences between a "normal" sick note and one issued by telephone in terms of employment law? Geck explains that they are functionally the same, citing that sick is sick, regardless of the medium used to obtain the note. Employers cannot question the sick note issued by telephone, unless for follow-up certificates that require in-person examinations.
Keeping in Touch During Absence
Effective communication is crucial in maintaining relationships between employers and employees during absences. Regular discussions (frequency and method) can address any concerns and provide support to the absent employee, hence improving the overall employer-employee dynamic.
Welfare Meetings
Regular meetings can help lower employers' concerns and increase their understanding of the challenges faced by employees during their absence. This, in turn, can strengthen employer-employee relationships, and employees may be more inclined to treat their sick leave responsibly.
Employers may approach this new regulation with reservations, but it is essential to embrace the spirit of cooperation and regular communication to ensure that both entities continue to thrive in the workplace. By understanding the contexts and implementing effective measures to maintain relationships, employers and employees can navigate this change successfully.
Relevant Resources
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The Confederation of German Employers' Associations criticizes the new regulation as a potential devaluation of sick leave, which can also disrupt industrial peace. However, it is imperative to emphasize the importance of clear communication between employers and employees during absences. By fostering supportive relationships, employers can address any concerns and ensure a conducive working environment for all parties.
