General

Especially in the cold season, it's part of everyday life that at least one coworker sits at work sneezing and coughing. The danger is very high that the other coworkers will get infected. But employees who go to the doctor and get a sick leave certificate, or certificate of incapacity for work, also run into various questions. Above all, it's about the case where the employee feels well enough to go back to work before the doctor's certificate of incapacity for work has run out. What follows addresses whether working with a sick note is allowed at all (under German law).

[caption id="attachment_766" align="alignright" width="300"]Working with a sick note Working with a sick note[/caption]

Going Back to Work Before the Certificate of Incapacity for Work or Sick Note Ends

In principle, it is up to each employee whether to go back to work despite a sick note. There are no legal or labor law prohibitions on this. There are also various reasons why an employee goes back to work. These include a guilty conscience toward coworkers, but of course it's also possible that the employee on sick leave feels fit enough again to carry out their duties.

No Work Ban During Sick Leave

Even if the doctor imposes a ban, the employee doesn't have to follow it. A certificate of incapacity for work doesn't say that the employee may not go to work. A sick note has two functions: on the one hand, it's a determination that the employee's current condition constitutes incapacity for work. On the other hand, such a sick note only gives a forecast of the expected length of the incapacity. That's why it can also happen that the employee will be sick for a shorter or longer time than recorded on the certificate. If the employee is still not fit enough to perform their work after the sick leave has expired, the doctor extends the certificate of incapacity for work.

No "Declaration of Fitness" Needed

Today there's a myth that a declaration of fitness is needed if the employee wants to go back to work before the certificate of incapacity for work expires. But that's wrong. The employee is even obliged to resume their duties once they're healthy again. In this case, no declaration of fitness is needed at all. Even so, it's advisable to consult the doctor once more before returning to the workplace, since the doctor is better placed to know whether your own assessment of your health is correct.

Being Sent Home by the Employer

Even though the employee can decide for themselves whether they're fit for work again, the employer doesn't have to accept this offer to work. Because of the employer's duty of care contained in employment contracts, the employer should also comply with it. This concerns not only the sick employee but also the other coworkers. That's why every employer also has the right to send an employee with a sick note back home if they have doubts about the employee's fitness for work or ability to be deployed.

Insurance Law Perspective

If an employee goes back to work before the certificate of incapacity for work expires, they are fully covered by accident insurance.

Time off makes sense:

  • Give your body the rest it needs.
  • Take your body's warning signals seriously.
  • Gather energy & new strength.
  • Clear your head.