Category Archive: Sickness

An incapacitated employee should be given extended time to give a statement prior to a termination on spec

According to a decision of the state labour court of Berlin-Brandenburg, an employee must be given extended time to give a statement regarding a termination on spec, if they are unable to work due to ongoing sickness over a long period of time (docket number: 10 Sa 378/16). The severely disabled employee worked as an …

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Sick is sick

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 2 November 2016 (docket number: 10 AZR 596/15) that an employee who is incapable of work for health reasons does not need to come into the office for a personnel meeting requested by the employer. In this case the employer called the sick employee into the office twice …

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Continued remuneration during outpatient care

On 25 May 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 5 AZR 298/15) ruled that employees on statutory insurance have a claim against their employer for continued remuneration during preventative outpatient care, if it is carried out with the approval of the social service provider in a facility for medical prevention or rehabilitation within …

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Who has the burden of proof regarding the claim for continued payment of compensation in case of sickness?

According to German law, employees are entitled to six weeks’ paid sick leave. If the employee continues to be ill due to the same underlying illness, the six-week period will recommence, so long as six months have passed since the end of the employee’s last sick leave, or if one year has passed since the …

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Ordinary termination of employment due to sickness

A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract based on personal reasons (the employee’s long term sickness absence) where there was no prior operational integration management (betriebliches Eingliederungsmanagement). The German Federal Labour Court indicated that the requirement on the employer to prove …

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Only once is once too often

The Higher Labor Court Hesse (Landesarbeitsgericht Hessen) ruled on 23 March 2015 (ref. no. 16 Sa 646/14) that handing the employer an intentionally manipulated sick note can justify an extraordinary dismissal even if the employment relationship lasts for more than 23 years without significant misconduct. In this case the employee, a mother of 2 children …

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Minimum wage even for non-working time – a signal from the German Federal Labour Court

The new Minimum Wage Act (Mindestlohngesetz (MiLoG)) raises a number of questions including how to deal with lost working time due to public holidays, sick leave or annual leave. Does the employer need to pay the statutory minimum wage for such non-working time? It may take a while until the Federal Labour Court clarifies these …

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Alcoholism – the employee’s fault?

  Is an employee eligible for continued payment of remuneration when unable to work, when the inability to work arises from alcoholism? Generally, the German Continuation Payment of Salary Act (Entgeltfortzahlungsgesetz, EFZG) provides for continued payment of salary for a certain period if the employee is not able to work without fault, eg in case …

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Limits to the (personal) scope of a collective promise

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 10 AZR 453/13) the employer is entitled to limit the scope of a collective obligation (Gesamtzusage) at any time, even where it already applied to the workforce, due to the conditions of its initial declaration. If the employer declares to the staff that the company …

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Say cheese at the car wash – taking photos of ill employees

Taking pictures in public of an employee who is supposedly sick violates the employee’s general right of personality (Allgemeines Persönlichkeitsrecht, APR). However this violation can be justified by the employer’s interests. In the case at hand (docket number: 10 SaGa 3/13), the plaintiff was absent on sick leave when his immediate supervisor coincidentally ran into …

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