Is it mandatory to disclose the reason for my sick leave to my supervisor?
Couldn't some managers be a bit too nosey about sick notes? Even though we, as staff, often reveal the cause of our sickness, we're not legally obligated to do so.
If you, as an employee, become unwell and can't work, you need to get a doctor's certificate stating your inability to work, as per advice from labor law expert Johannes Schipp. Your manager can either get this directly from you or access it electronically.
If your boss inquiries about the cause of your work incapacity, Schipp suggests you don't respond with: "That's none of their business, as it's a private matter."
Exception: When the employer has solid suspicions
The situation gets tricky when the employer has valid reasons to question your work incapacity. Although an employee can visit a doctor and get a certificate, the employer can withhold pay if there's proof that work incapacity doesn't exist, according to Schipp.
If this occurs, the employee can take their employer to court for unpaid wages. The employer would then need to first provide concrete evidence to justify their doubts, such as observations that contradict the work incapacity. The court would then assess whether these doubts are justified.
The employee might then have to explain why they're unable to work while involved in activities like sports. It's crucial that such activities don't interfere with recovery. An employee doesn't need to be confined to bed or even home. As long as the recovery isn't compromised, Schipp indicates, one can even travel or participate in sports activities.
About the person: Johannes Schipp is a labor law expert, a member of the German Bar Association (DAV), and former chairman of the Business Committee of the Labor Law Working Group in the DAV.
Read also:
- Employees should be aware that while they are not legally obligated to disclose the reason for their sick leave to their employer, legal issues can arise if there are suspicions about work incapacity.
- In such cases, health insurance companies or employers may request further information about the employee's illness, as this information could impact statutory health insurance company payments or potential discrediting of the employee's claim.
- If an employee is unsure about how to handle such requests, they may seek advice from a labor law expert, such as Johannes Schipp, to ensure they are protected under labor law.
- Consumers should also be aware that health insurance companies and advisors play a significant role in navigating legal issues related to health insurance and employee sick leave.
- Employers must ensure they handle these situations carefully, adhering to labor law and respecting employee privacy, to avoid potential legal issues and maintain positive relationships with employees.
