Sick leave: Can the boss call employees at home - and do they have to answer the phone?

Those who stay at home on sick leave are generally exempt from all work.

But what if the boss calls home?

Do employers even have to answer the phone?

Maybe it's just a cold that knocks you out for a few days.

Or a prolonged illness that leaves an employee at home.

Can the boss then call his employee there?

“In principle, the employer can of course call,” says Johannes Schipp, specialist lawyer for labor law in Gütersloh.

Ultimately, however, the employee can decide for himself whether or not the employee answers the phone.

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In the event of sick leave What can the employer ask?

It is not regulated by law what the employer may obtain information about.

“The employer can ask when the employee is likely to come back.

Questions about the illness of the employee, such as what he has, are none of the employer's business, ”explains Schipp.

Neither should the employer apply pressure.

For example, by pointing out how often the employee has been sick or when he has to be back in the office at the latest.

“That has no legal relevance,” emphasizes Schipp.

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Sick employees do not have to take on any tasks

If the boss has questions about workplace-related issues, a sick employee does not normally have to answer them.

However, there are

- “it is not advisable to avoid implausible refusal”, says the specialist lawyer.

Schipp gives an example: For example, the supervisor can inquire about the computer password of an employee if he is sick so that work can continue - as long as it is ensured that he can change his password again after returning.

“However, sick employees do not have to do real work tasks from home,” explains the specialist lawyer.

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