Working during notice periods and requesting sick leave can lead to complications, as demonstrated by a recent ruling by the Federal Labor Court in Erfurt. According to this decision, employers can question the validity of sick notes that cover the duration of a notice period.
In certain circumstances, an employer may have reason to doubt the legitimacy of sick notes, particularly if they coincide exactly with the notice period and the employee begins new employment immediately thereafter. This principle applies regardless of who initiated the termination.
The employee in question, hailing from Lower Saxony, submitted a sick note before receiving a notice of termination and remained on sick leave until the end of the notice period. The following day, they were fit for work and started a new job. Unsurprisingly, their former employer withheld further salary payments.
The case proceeded to the lower courts in Lower Saxony, where the employee was granted the right to continued remuneration. However, the employer appealed to the Federal Labor Court, and ultimately only a part of the notice period's salary was restored.
To cast doubt on the probative value of the medical certificates, the employer must present and, if possible, prove circumstances that collectively raise serious questions about the employee's ability to work. By doing so, they may reconsider the validity of the sick notes while abiding by the principles of German labor law.
As this particular case progresses, it remains to be seen if the employee in question can convincingly demonstrate their incapacity to work from the first sick note following the termination notice. Successfully proving this would be essential to continued remuneration.
Enrichment Data:
German employers have specific guidelines when it comes to questioning sick notes during notice periods. Key points include:
- Employers do not have an obligation to disclose the reasons for an absence but may request a medical certificate if they suspect fakery or lengthy absences.
- Medical certificates need to include the employee's name, the anticipated duration of sick leave, the sickness diagnosis date, and a diagnosis code.
- If an employer is aware of an employee's incapacity at the time of contract signing, it may affect the contract's validity. If the employee's incapacity becomes apparent later, the employer must rely on the duration stated in the initial certificate of incapacity.
- Employers can challenge sick notes but must adhere to legal procedures and resume the employee's privacy regarding health information. Dismissing an employee based on a sick note without following proper procedures is illegal.
- The Federal Labor Court emphasizes the causal connection between the employee's absence and hiring a replacement, although this connection may be lacking if the employer was not aware of the employee's full incapacity at the time of contract signing.
Overall, employers can query sick notes during notice periods if they suspect falsity or extended absences. They must ensure their actions comply with German labor laws and respect the employee's privacy. A causal connection between the employee's absence and hiring a replacement is crucial in making these determinations.
