Proposal sought by commission for a directive safeguarding workers from radiation hazards
In a recent ruling by the Saxony Higher Labor Court (Az. 4 Sa 43/23), the legal obligation of employees in Germany to provide evidence for sick leave has been confirmed. This decision emphasises the importance of timely and proper documentation from the employee as a legal requirement to substantiate claims of incapacity to work.
The ruling, which was highlighted by the German Association of Lawyers for Employment Law, applies to situations where employers have legitimate doubts about a sick leave certificate. In a specific case involving an employed architect, the court ruled that employers do not have to continue paying salary if they have reasonable concerns about a sick leave certificate.
The architect, who was attempting to negotiate an amicable termination of his employment, claimed sick leave. When the employer refused to continue paying wages, the architect filed a lawsuit. However, the court ruled against him, stating that the evidence value of submitted certificates can be questioned, especially if they coincide with a failed termination agreement, retroactive sick leave, and perfectly timed sick leave until the end of the notice period.
Contradictory diagnoses and insufficient backdating of the first certificate without a plausible explanation can make incapacity for work implausible. The ruling did not specify the nature of the contradictory diagnoses or the insufficient backdating of the first certificate, but it does emphasise the need for employees to present their specific concerns if there are legitimate doubts about the certificates.
The ruling does not specify the consequences for employees who fail to provide sufficient evidence of their incapacity for work. However, it is clear that failure to provide the necessary documentation may lead to legal and financial consequences, such as loss of continued payment during the sick leave period or disciplinary action by the employer.
Under German labor law principles, employees must promptly inform the employer of their illness and substantiate it with a medical certificate, commonly called a "Arbeitsunfähigkeitsbescheinigung" (certificate of incapacity to work). The employee is responsible for providing sufficient evidence of their incapacity for work in such cases.
This ruling reiterates the established principles within Saxony’s jurisdiction. If you require detailed implications such as procedural timelines, exceptions, or guidance on how medical evidence must be presented, the ruling likely follows the general approach under German labor law, where:
- The employee informs the employer immediately of the illness.
- A medical certificate is submitted no later than the fourth calendar day of absence.
- The certificate must indicate the duration of incapacity.
- Employers may request earlier submission or additional proof under certain conditions.
This ruling serves as a reminder to employees in Germany to ensure they have valid medical proof before claiming sick leave, to protect themselves from potential legal and financial consequences.
The ruling in question underscores the relevance of science and health-and-wellness in the workplace, since its decisions involve the evaluation of medical certificates. In light of this, it is crucial for employees to present authentic and timely science-based health-and-wellness records to substantiate their claims of incapacity to work. Additionally, the ruling implies that workplace-wellness, including the proper handling and documentation of sick leave, is a legal requirement for both employees and employers in Germany.
