Status: 16.10.2023, 16:00 PM
By: Anne Hund
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Let's say your nose is runny or you have a slight sore throat: Can your employer require you to take sick leave in the event of a simple cold?
In the cool season, cases of illness increase again. Basically, if you are ill, you should get a sick note from your doctor and not drag yourself to work. Especially not if you run the risk of infecting other colleagues. However, if you have a mild cold, some employees may be unsure about how best to behave. The simplest solution is to go to the doctor, who decides whether and for how long to put the person on sick leave. In any case, it is important that you report sick to your employer in good time.
Can you work from home with a cold?
A conversation with your employer about whether, for example, you can or should work from home instead of in the office in the event of a cold, can also bring clarity in case of uncertainty. The same applies if you are symptom-free but have a positive Corona test - even then you cannot simply stay away from work, as employment lawyers emphasize, at the same time employees have a duty of care towards colleagues who could become infected.
If you have a cold, you may be able to work from home after consultation with your employer. © Thomas Trutschel/photothek.de/Imago
Cold: Can the employer send employees home?
What applies in the opposite case: Can the employer demand that you take sick leave for a simple cold? The answer is: No, according to a report by the German Press Agency (dpa) on the subject. Ultimately, it is always your own doctor who decides whether you are unable to work, says Jürgen Markowski, a specialist lawyer for employment law, according to dpa. However, the employer cannot demand that you go to the doctor at all.
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But there are other options, as the dpa report continues: "If the employer wants to prevent colds from spreading in the company, he can ask employees to stay at home at his own expense," says Markowski. In this case, however, the salary must continue to be paid by the employer. "He also has no right to have employees take leave or use up time credits for this purpose."