Why is someone often sick at work?
Employees constantly sick: What employers need to know about sick leave and absenteeism
When employees are constantly sick or have long absenteeism, this can lead to major challenges for companies. But what rights and obligations do employers and employees have in the event of illness? And how can employers react if there are no sick leave or they suspect employees of "blueing the blue"?
Challenges for employers with frequent sick leave
If an employee keeps reporting sick, it has two unpleasant consequences for the company: On the one hand, the employer has to continue paying wages for up to six weeks, even though the employee does not perform any work during this time. On the other hand, the employer lacks a worker and the colleagues who represent them are also burdened. This can even go so far that the achievement of corporate goals is jeopardized.
Inability to work: obligations of the employee in the event of sick leave
If an employee is sick, he is obliged to report the illness to his employer. This also applies if the employee is on vacation, the period of continued remuneration has been exceeded and if the employer has already learned of the incapacity for work in some other way. The incapacity for work must be reported directly to the supervisor or the HR manager. The employee must report the duration of the incapacity for work and whether it is a continuation of the illness.
Unless otherwise agreed, the employee must consult a doctor no later than the fourth day of illness and present the employer with a certificate of incapacity for work. If the employee violates this obligation to provide evidence, the employer can refuse to continue paying. Further consequences can be a warning and a behavior-related termination.
Suspicion of "blueing up"
Unfortunately, it can happen that the illness of the employee, who noticeably often calls in sick, is no longer credible. Blue making stands z. B. in the room when an employee is constantly reporting sick on Mondays or on bridging days. If the employer suspects a mock illness, he can refuse to continue paying. The employee can sue this measure at the labor court. Such procedures can, however, take a long time and cause high costs for the employee. This can lead to the employee thinking more carefully about his supposed sick leave or going blue in the future.
Another way to prevent frequent absenteeism and constant sick leave would be to require the employee to present a certificate of incapacity from the first day of sickness. However, this can also result in the employee being put on sick leave by the doctor as a precaution for a longer period of time than he should have been absent. In order to avoid even longer absenteeism, employers should use this approach very carefully.
Threatened illness can lead to termination
What options does an employer have if an employee announces his illness? This situation is conceivable, for example, if an employee applies for leave, does not get it approved and reacts with a statement such as "If I do not get any leave, then I am sick". The Federal Labor Court assumes that even an extraordinary termination without notice is basically justified, since the trust between employer and employee required in the employment relationship has been destroyed (judgment of March 12, 2009, 2 AZR 251/07).
We have summarized other options for employers to take for you in this article: Employee sickness.
Dealing with employee absenteeism - online seminar
When employees are constantly sick and the result is a lot of absenteeism, all entrepreneurs face the same challenges. But how do you deal with employees who are constantly sick? What can you do if you don't get sick leave? And with which design options can you sustainably reduce absenteeism?
You will find all the answers to these questions in the online seminar Safe handling of employee absenteeism. Here our experienced speaker communicates live in digital video stream how you can responsibly counteract frequent absenteeism of your employees.
You can take part in the comfort of your own PC from home. Thanks to innovative technology, this online seminar is an equivalent alternative to face-to-face events. Your individual questions and interactive exchange are possible and desired at any time using video and audio transmission.
Benefit now from our 10% discount code pm.info when booking this seminar. Further information and registration options can be found here.
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