Can my boss withhold my pay if I'm sick? - Germany's strict sick leave rules protect workers but limit employer oversight
In Germany, employees on sick leave, or those with medical conditions, have clear rights and responsibilities. They must act in ways that aid their recovery but can otherwise engage in most activities. Employers, however, have limited options to verify the legitimacy of an absence—even when suspicions arise.
Under German law, workers receive full pay for up to six weeks of sick leave, or until their Medicare benefits run out. They must inform their employer immediately about an illness and provide a doctor's note by the fourth day. Some companies can demand a medical certificate from the first day if this policy was announced beforehand.
The nature of an illness remains private, and employers cannot access details without consent. If doubts persist, they may request a 'contextual inquiry' from the employee's health insurer. This can only confirm whether a chronic condition exists—not the specifics of the diagnosis.
In cases of frequent or suspicious absences—such as repeated short-term leave or illness at the start or end of a workweek—employers can ask the insurer to involve the Medical Review Board. Yet insurers often refuse if the diagnosis clearly justifies the absence. Employers may also contact sick employees, but workers are not required to reply. Any in-person 'welfare visits' must be announced in advance and can be refused by the employee.
Tesla's Grünheide plant has faced scrutiny over its handling of sick leave, though no specific number of affected employees has been reported. Trade union IG Metall has raised concerns about dismissal practices linked to sick pay, but no start date for these allegations has been provided.
The rules balance employee privacy with employer oversight. Workers retain control over their medical details while companies have narrow channels to challenge questionable absences. Any disputes must follow strict legal procedures, ensuring neither side oversteps their rights.
