Attestierte Arbeitsunfähigkeit: Rechte und Pflichten des Arbeitnehmers während einer Krankmeldung

The illness of employees is a serious issue for companies and results in losses amounting to double-digit billions year after year. However, illness in the legal sense is not equivalent to incapacity for work. Rather, an illness only gains legal relevance when it affects business interests.

Incapacity for work is often associated with a requirement for bed rest. Generally, an illness leads to a ban on all activities outside of private life. This state, akin to house arrest, stems from the fear of restrictive intervention by the employer through legal measures in the event of a breach of this supposedly existing code of conduct. The resulting uncertainty in dealing with certified incapacity for work makes a legally justified range of behavior appear indistinct and often negatively impacts private life.

This book provides a closer examination of the ambiguous legal terms "ill" and "incapacitated for work" and discusses their implications for the employment relationship. The resulting rights and obligations are also considered from the employer's perspective, as their position can significantly influence the scope of action for their dependent employees. The descriptive presentation of the inherent contractual dos and don'ts also forms the core of this discussion and highlights the possibilities and limits within which an employee can operate without fearing legal consequences.

Finally, through three selected judgments, it is explained how the preceding considerations are incorporated into judicial decision-making by labor courts.