Unraveling Sick Leave Controversies during Notice Periods
In a recent ruling, the German Federal Labor Court has sparked debate by suggesting that employers have the right to question the authenticity of sick notes covering the notice period. According to the decision, this move is justifiable if an employee submits multiple sick notes that align perfectly with the notice period, potentially raising doubts about their incapacity for work.
The case in question involved an employee in Lower Saxony who was provided with a certificate of incapacity for work the day before receiving a termination notice. The certificate was then extended twice during the notice period, but the employee was fit for work the day after termination and quickly secured a new job. However, the former employer refused to continue paying their salary to the employee, who then successfully appealed in lower courts in Lower Saxony but eventually lost the case in the Federal Labor Court.
The court's judgment has left many employees with queries about their rights during the notice period. The employer can challenge the probative value of medical certificates by presenting circumstances that, when considered together, give rise to serious doubts about the employee's incapacity for work.
Case-by-case Assessment Required
It is essential to note that every situation requires a case-by-case assessment. An employer should not rely on the fact that the employee is giving notice of termination as the sole reason to doubt the authenticity of sick notes.
The regional labor court will now examine whether the employee can provide evidence to demonstrate and prove their incapacity for work due to illness from the first sick note after receiving notice of termination, which is a prerequisite for continued payment of remuneration.
Incorporating Enrichment Data
This situation can be confusing for many employees, as it involves navigating the complexities of German labor laws. It is important for employees to be aware that employers may question the authenticity of their sick notes if they cover the notice period.
Employers should have a reasonable suspicion, reasonable grounds, and legitimate interest to challenge the sick notes. The actions must also be proportionate, and employees' rights should be respected. In this regard, employers may request additional documentation or medical records to verify the authenticity of the sick notes.
Conclusion
The ruling by the Federal Labor Court has sent ripples through the labor landscape. Employees should be aware that their former employers might question the authenticity of their sick notes covering the notice period. As such, it is crucial for employees in situations like the one described above to ensure they have proper documentation to support their health status during the notice period to avoid further disputes.
