Caught blue?
When the boss may question the sick note
Created: 06/23/2022, 09:22
By: Juliane Gutmann
A sick note from the doctor proves that you can't do your job.
This principle does not always apply: in some cases, the boss can request an expert opinion.
Influenza, migraines and autoimmune diseases such as MS: Unless otherwise stipulated in the employment contract, the employee must present a doctor’s certificate from the fourth day of illness.
The latter determines the duration of the inability to work (AU).
The primary goal:
the patient should rest until the illness has largely recovered.
Sometimes this can be the case after a few days, in other cases the employee is absent for several weeks due to illness.
The latter is a situation for employers that should be prevented as much as possible.
Because the sick employee continues to receive his salary, even though he does not perform any work.
However, if there is a medical certificate of incapacity for work, the boss can do nothing against the employee's absence - according to the common assumption.
But that's not entirely true.
The lawyers Pascal Croset and Inno Merkel from the Berlin law firm Croset have revealed to the Business Insider portal
when the employer can raise justified doubts about a sick note
and take appropriate steps.
No employer will doubt an inability to work, right?
© Fleig/Imago
When the employer can have the sick leave checked by the doctor despite a certificate
According to the lawyers, there are three classic constellations in which doubts on the part of the employer are usually justified.
If one of the three situations occurs, the employer has the option of obtaining an expert opinion from the Medical Service (MDK).
This is commissioned by the health insurance company of the employee concerned.
The MDK is investigating whether the employee is really unable to work
, according to the Business Insider website.
In the following cases, the employer can consult the MDK or take other steps under labor law:
If the employee announces his absence properly:
The employer can justify this, for example, by saying that the employee wanted to register a vacation day, but this could not be approved.
If the employee is then absent due to illness, a feigned illness is likely.
The "sick" employee is caught
doing another job : Anyone who works despite an AU certificate and is caught by the other employer can count on the employer having the submitted certificate checked.
A warning or even dismissal is possible.
The employee is absent rhythmically every Friday or Monday
: In this case, too, the employer will usually get through in court if he doubts the employee's certificate of incapacitation.
There can be serious consequences for the employee if he is
caught doing blues
.
These range from loss of wages to termination.
(jg)
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