Unwarranted Absences Causing Trouble

Unwarranted Absences Causing Trouble

In the world of employment, sickness-related dismissals are a complex issue, especially in German labor law. Employees enjoy substantial protection against dismissal due to illness, and such dismissals are only permissible under strict conditions.

Key Conditions for Sickness-Related Dismissals

1. Prolonged or Repeated Absences: Sickness-related dismissals are typically triggered by long-term or repeated absences due to illness, lasting beyond six weeks or recurring frequently, causing significant disruptions to the employer's operations.
2. Unlikely Recovery: The employer must demonstrate that the employee is unlikely to recover sufficiently in a reasonable period to resume work.
3. Operational or Business-Related Impacts: The dismissal must be a last resort, and there must be serious operational or business-related impacts caused by the employee’s absence, such as disruption of workflows or financial burdens.
4. No Alternative Options: The employer must have exhausted all reasonable alternatives, such as adjusting work duties, transferring to another role, or reducing working hours.
5. Legal Obligations: The employer must have fulfilled all legal obligations to support and follow up with the sick employee, including attempts to accommodate or rehabilitate the worker during their illness period.
6. Burden of Proof: The employer carries the burden of proof to demonstrate that the dismissal is justified for objective reasons unrelated to discriminatory or unfair motives.

Probation Period and Long-Term Sickness

During the probation period, employers can dismiss employees more freely, including due to sickness. However, after probation, the protections against sickness-related dismissals apply more strongly.

After about one year of continued sickness absence, protection against sickness-related dismissal is reduced but dismissal must still be justifiable and lawful. During the initial period of sick leave, especially within the first year, the employee is largely protected from dismissal solely due to illness.

Excessive Sick Leave

More than 30 sick days per year may be considered excessive and a potential reason for dismissal. The employer must prove the illness impacts the company and that dismissal is the only option, with no alternative arrangements possible.

In summary, sickness-related dismissals under German labor law require a prolonged or severe illness causing significant operational issues, a lack of alternatives, and stringent procedural and substantive employer requirements to protect the employee’s rights. High costs due to continued payment of wages can be a factor, especially if they occur regularly over a longer period.

However, dismissal is not automatic. It must be well-founded and proportional in each individual case. Employers must ensure they follow all legal procedures and provide clear, objective reasons for any dismissal related to sickness.

Read also:

• Connection Between ADHD and Trauma?
• West Nile Virus detected in Kentucky for the first time; authorities advise locals to adopt safety measures
• Digestive issues: Understanding causes, remedies, and further details about acid reflux and excessive burping
• Exploring Botox as a Treatment for Interstitial Cystitis: Insights, Adverse Effects, and Further Details