Workers' Safety Commission tasked with drafting a directive to safeguard labor force from radiation hazards.
In a recent ruling, the Regional Labour Court of Chemnitz in Germany has established that employers can question the validity of sickness certificates under strict conditions. This decision comes in response to a case involving an employed architect who attempted to negotiate a mutual termination of his employment.
The case revolved around the architect, who called in sick after his employer did not comply with his request for a mutual termination. The architect submitted two more sickness certificates to cover the exact period until the end of his notice period. However, the timeline of the failed termination agreement, retroactive sick leave, and precisely timed sick leave until the end of the notice period raised doubts.
The evidence value of the submitted certificates was shaken due to inconsistent diagnoses and insufficient backdating of the first certificate without a plausible explanation. The court's decision does not specify what constitutes legitimate doubts about a sickness certificate, but it does state that employers may demand additional verification or second opinions only if there are clear and justified doubts about the authenticity or accuracy of the medical certificate.
The court's decision emphasizes that employers have an interest in confirming legitimate sick leave, but they cannot arbitrarily challenge medical certificates without substantive reasons. This approach aligns with broader labor law protecting employees from unjustified scrutiny.
The guidelines derived from the Regional Labour Court of Chemnitz include:
- Employers may demand additional verification or second opinions only if there are clear and justified doubts about the authenticity or accuracy of the medical certificate.
- Suspicion must be based on objective facts, not mere assumptions or generalized skepticism.
- Any inquiry or verification must respect the employee’s personal rights and data protection requirements.
- The employer’s right to question a certificate is balanced against the employee's right to confidentiality and avoidance of undue harassment.
This ruling does not change the fact that employers must not discriminate against employees who are genuinely sick. The Association of Employment Law of the German Bar Association highlighted the court's decision, underscoring the importance of maintaining a delicate balance between employers’ interests in operational security and employees’ rights to privacy and legitimate medical leave.
This synthesis relies on standard German labor law principles and known case law about questioning sickness certificates. For precise court decision text, consulting official court records or specialized legal databases would be required.
In light of the court's ruling, employers are encouraged to question the authenticity or accuracy of sickness certificates only if there are clear and justified doubts, as this practice aligns with workplace-wellness and health-and-science principles. However, any investigation must respect the employee's personal rights and data protection requirements, ensuring a fair and equitable service environment that upholds health-and-wellness standards.
