“Yellow certificate” from Doc Holiday: When you can doubt the certificate of incapacity for work

An employer terminates an employee. The employment relationship will therefore come to an end in accordance with the applicable notice period. Only a few hours after the dismissal, the employer again receives mail from his employee: A sick note, the employee is unfortunately ill. And probably for the exact length of the notice period, with expected recovery on time by that date. Of course, the employee is entitled to continued payment of his salary in the event of an actual illness proven by a certificate of incapacity for work. It just means he doesn't have to work anymore.

Jessica Riccò

and

04.05.2023

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A rogue who thinks bad things about it. And yet not uncommon in practice.

A recent ruling by the Lower Saxony Regional Labor Court has now indicated that employers certainly doubt certificates of incapacity for work with this “timing” and may stop continuing payment of remuneration if necessary. The order and thus the correlation of events is important to the court: First, the dismissal is given, then the certificate of incapacity for work is filed.

In the opposite case — an employee resigns himself and then calls in sick for the rest of the contract period — the Federal Labour Court had already ruled two years ago that employers may question the certificate of incapacity for work or that its “evidentiary value may be shaken.”

What does the Lower Saxony LAG ruling mean for your company?

If an employee calls in sick following his dismissal — and in the opinion of the Lower Saxony Regional Labour Court, it is now irrelevant which side has given the notice — you are not automatically obliged to continue to pay pay. I would be happy to review your individual case or advise you on all other questions relating to terminations and your obligations as an employer.