Will I be fired if I am sick for a long time or often? Many workers have this fear. In fact, termination due to illness is only threatened in certain cases.
Many then fear being terminated because of frequent sick leave. Others, on the other hand, have a serious illness that makes them unable to work for weeks or even permanently. But can employees be terminated because of a long illness or many frequent illnesses?
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Is it even permissible to dismiss due to illness?
A termination due to illness falls under personal termination. It can be issued if an employee (who falls under the Dismissal Protection Act) can no longer fulfill the employment contract in the future due to illness.
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Contrary to popular belief, the Dismissal Protection Act does not protect against dismissal due to illness. Nevertheless, employers cannot simply quit due to illness - three conditions are necessary for this:
A termination due to illness is always possible if employees
1.) Missing six weeks a year or longer due to illness. Such a long period of time can lead to operational and economic impairments in the company - and this justifies a termination on the part of the employer. It does not matter whether you are incapable of working in one go or from time to time.
2.) In addition, it must be foreseen that no improvement is in sight in the future either . Therefore, constant infections that go beyond a period of six weeks can lead to a termination, as the employer can assume a negative forecast for the future.
Of course, this also applies to a longer illness . Anyone who is absent for more than six weeks because of a herniated disc and whose prognosis for improvement is poor, threatens dismissal *. In this case, however, the employee can, if necessary, avert dismissal with the help of a positive prognosis from the doctor.
If, on the other hand, you break a leg and are therefore absent for more than six weeks a year, you have nothing to fear - after all, that was just "bad luck".
3.) The employer must also weigh up the interests of the employer and employee, which must come out in his favor. The
- Length of employment,
- Cause of illness,
- Absenteeism of comparable employees and that
- Age of the employee.
Find out more : Termination - Use this simple formula to calculate your severance payment.
Sick during the probationary period - do I face dismissal?
It looks different in the trial period. Relaxed termination rules apply here , as the statutory protection against dismissal only takes effect after the probationary period. During this time, termination is possible without giving reasons and with a notice period of 14 days.
So if you have been on sick leave for a long time or often, or if a chronic illness prevents you from doing your job, you face the threat of dismissal.
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More on the topic: Sick during the probationary period: Can I be dismissed?
Continued payment of wages in the event of illness - when does it apply?
Even if a dismissal due to illness puts pressure on the mind, some employees get at least a small financial consolation: Employers may have to pay the employee the full wage until the end of the incapacity for work - even after the termination.
Only in the first four weeks of the employment relationship are employees not entitled to continued wages. But even in this case they are not left empty-handed, because the health insurance company then pays sick pay.
Incidentally, the entitlement to continued payment of wages in the event of illness ends six weeks after the start of the incapacity for work.
Further reading: Termination - Do you know the most important rules and deadlines?
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