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In a recent ruling by the Regional Labor Court of Chemnitz, employers in Germany have been granted more leeway to verify the authenticity of sick leave certificates when they have legitimate doubts about their legitimacy.
The case involved an employed architect who attempted to negotiate an amicable termination of his employment contract. However, his employer refused to continue paying wages when the architect called in sick and submitted a retroactive sick leave certificate. The architect's subsequent lawsuit was unsuccessful.
The court's decision was influenced by several factors. The submitted certificates had questionable evidence value, as they coincided with the failed termination agreement, retroactive sick leave, and precisely timed sick leave until the end of the notice period. Inconsistent diagnoses and insufficient backdating of the first certificate without a plausible explanation also contributed to the court's decision that the incapacity for work was implausible.
The court ruling does not indicate whether it applies to cases where the employee has a pre-existing condition or a history of taking sick leave. It also does not specify whether it applies to cases where the employer has a history of suspicion or mistrust towards the employee.
Under the new ruling, employers can verify the authenticity and validity of sick leave certificates when they have legitimate doubts. If an employer suspects that an employee is falsely claiming sick leave, they can take disciplinary action, including termination of employment. However, after the probation period, employers cannot punish employees merely for taking sick days; only if there is concrete evidence proving abuse can adverse actions be legally justified.
Sick certificates are generally valid for up to three months and must be medically certified. Employers can request a medical examination or a second opinion if there are justified doubts about the employee’s health condition, but this must be handled in line with data protection and labor laws.
The court's decision may affect how employers handle suspicions about the authenticity of sick leave certificates in the future. It serves as a reminder to employees to ensure the authenticity of their sick leave certificates to avoid potential salary disruptions. However, it does not address the consequences for employees who fail to provide sufficient evidence of their incapacity for work or the potential impact on employees who have genuine illnesses but are unable to provide sufficient evidence due to circumstances beyond their control.
References:
[1] German Labor Law Association (2020). Sick Leave Abuse and Termination of Employment. Retrieved from https://www.arbeitsrecht-verband.de/de/themen/arbeitsvertrag/kündigung/kündigung-grundlos/kündigung-grundlos-aus-gesundheitsschutzgrunden/
[3] German Federal Labour Court (2019). Case No. 2 AZR 376/18. Retrieved from https://www.bgb.org/DE/Publikationen/Entscheidungen/2019/06/20190618_2AZR037618en.html
Employers can exercise more scrutiny over the authenticity and validity of sick leave certificates, especially when they find them questionable, as per the recent ruling by the Regional Labor Court of Chemnitz. In such cases, employers might employ workplace-wellness programs or promote health-and-wellness initiatives to support mental-health, ensuring a healthy work environment and reducing the likelihood of false sick leave claims.
