Proposal for a directive on safeguarding workers from ionizing radiation risks has been requested from the Commission.
In a recent ruling by the Regional Labour Court of Chemnitz, Germany, employers have been granted more leeway to challenge the authenticity and validity of sickness certificates presented by employees. The case, involving an architect, has sparked discussions about the legal implications for employees who misuse sick leave or submit false certificates.
In Germany, employees who are genuinely ill and have a valid sickness certificate are entitled to sick leave. The employer cannot refuse sick leave if the employee provides a legitimate doctor's note. However, if an employer suspects that an employee is misusing sick leave or providing a false sickness certificate, they can investigate and may take disciplinary action.
Taking sick leave when not actually ill or submitting forged or invalid sickness certificates can be considered a breach of trust and cause for termination of the employment contract. Once the probation period is over, dismissal is more difficult, but still possible if the employee abuses sick leave. Employers must prove that the illness will prevent the employee from working indefinitely or that the company's operations would be severely impacted and there are no reasonable alternatives such as transfers or reduced hours.
The court's decision in the Chemnitz case emphasizes the importance of employees providing clear and convincing evidence to support their sick leave claims. In this case, conflicting diagnoses, insufficient backdating of the first certificate without a plausible explanation, and precisely timed sick leave until the expiry of the notice period made the sickness certificate unbelievable.
The court ruled that the employer was justified in stopping salary payments due to the shaken evidence value of the submitted sickness certificates. The court did not specify what constitutes legitimate doubts about a sickness certificate, but the case suggests that inconsistencies and lack of plausible explanations can raise doubts. If there are legitimate doubts about the certificates, employees must explain their specific concerns, according to the court.
The Association of Labour Law of the German Bar Association highlighted the court's decision, stating that it serves as a reminder for employees to ensure their sickness certificates are thorough, consistent, and well-explained to avoid potential disputes with employers. The court's ruling could potentially influence future employment law cases in Germany regarding sickness certificates and the burden of proof on employees.
In sum, if there are legitimate doubts about a sickness certificate, the employee risks disciplinary measures up to termination of employment if the certificate is found to be invalid or the illness claim false. However, employees have broad protection for genuine sick leave, especially after probation, requiring employers to provide strong justification before firing for illness-related absences. The decision may further clarify the employer's rights in cases where they have doubts about the legitimacy of sickness certificates.
- Given the recent court ruling in Chemnitz, Germany, the emphasis on thorough and convincing sickness certificates extends to all aspects of health-and-wellness, including mental health, as inconsistencies and lack of plausible explanations can raise legitimate doubts.
- In light of the court's decision, it is imperative for individuals to prioritize their mental health, seek treatment when necessary, and ensure that all sickness certificates, be it for physical or mental health issues, are well-explained and legitimate, as employers have more leeway to challenge questionable certificates in the realm of science and health-and-wellness.
