Tell the employer about the reasons for illness?
Many employees are unclear what the employer should and should not know when an illness occurs. Illness can always lead to a conflict of interest if the boss no longer believes you are ill. Labor law specifies whether the reasons for illness are to be explicitly stated or not.
Many employees do not know whether or not to tell the employer the reasons for the illness. The employer must certainly know when and for how long you are sick or unable to work. However, he does not need to know the diagnosis. The Continued Payment Act applies.
Why the reasons for illness are interesting for the employer
- If employees get sick or are absent for a longer period of time, or if they are sick again and again, the reasons for the illness can become interesting for the employer. This is also the case if the employer has doubts as to whether the employee is really sick or not.
- If the employee only pretends to be sick and the employer succeeds in proving the contrary, this is a reason for a warning and can even lead to an immediate warning termination to lead.
- According to the law, employers are responsible for the continued payment of wages illness Committed. This results from Section 3 of the Continued Payment Act (EFZG). However, this only applies if the employee was not responsible for the illness. For example, if you caused a car accident as a result of being completely drunk, you are at fault and the employer does not have to continue to pay your wages. If you have the flu after a walk in the rain, there is no fault on your part and the employer still has to pay.
- Employees are not authorized to view medical records. You should know that after the employer Employment Law the reasons for the illness are not to be mentioned.
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No obligation under labor law to report the diagnosis
- As an employee, you do not have to tell your employer the reasons for your illness. Labor law does not provide for a notification obligation.
- There are only a few exceptions to this principle. If you work in a hospital or in the hospitality industry, there may be an obligation to report illness diagnoses if you have an infectious disease. This is only due to the risk of infection. The employer certainly has an interest in ensuring that customers or patients do not become infected with the staff.
- However, this notification has nothing to do with continued payment of wages. In principle, you have the right to have your employer continue to pay your wages for six weeks if you are unable to work. You must tell the employer that you are ill and how long you are likely to be ill. This emerges from ยง 5 EFZG and can be in employment contract be concretized. You can prove this with an incapacity for work issued by your doctor. You don't have to tell your employer about the diagnosis.
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