WHAT IS HR COMPLIANCE ABOUT?

. Legal regulation

In principle, a certificate of incapacity for work is not a work ban, but merely a prognosis made by the doctor about the expected disease progression. Therefore, an employee can, in principle, work again despite a sick leave if he feels well and able to work again. display  Also, under insurance law, there are no objections, in accordance with the regulations for accident insurance in § 2 and 8 SGB VII (Social law) and for health insurance in § 5 1 SGB V. The same applies to employment prohibitions how they can be used, for example, for pregnant women.

2. Duty of care: employers are responsible

However, if the employee is incapacitated for work and the employer still employs him, he may violate his duty of care and make himself liable for damages. Inability to work is when the employee is objectively unable to perform the work under the contract of employment or is at risk of worsening his condition in the foreseeable future. If an officially ill-posted employee returns early to work, the employer should make sure that the employee actually makes an effective impression. If this is the case, he does not have to ask for a doctor's certificate of fitness for work; the worker's explanation is sufficient.

3. Do you require a letter of clarification?

Because even if a Gesundschreibung (a doctor's certificate of fitness for work) from time to time is required by employers - in the German health care system, there is no such a principle. If the employee is obviously in good shape, he can easily work again even if he is sick. After all, the certificate of incapacity for work is only a forecast.

However, if special circumstances suggest that the employee is not yet fit for work again, the employer must, if necessary, engage the occupational physician as part of his duty of care or otherwise have his or her health status checked. In this case, a medical certificate may be required to declare the employee workable.

4. The employee also has duties

The employee must not conceal his inability to work. He too has a duty of care. If it is foreseeable that he would endanger his recovery or even aggravate the condition of the disease by starting work early, he should wait for the duration of the probable incapacity to work. Even in his free time he should do nothing that endangers his recovery, but does not have to stay in the apartment all the time.

6. Work despite sick leave: Insurance coverage remains

An employee who resumes his work prematurely despite sick leave has the usual insurance coverage in the statutory accident insurance as well as in the health insurance. The insurance cover also includes the ways to operate. Basically, this also applies to a short-term work. For example, an employee who is unable to perform his usual job, for example because of a broken foot, may be required to attend a compulsory occupational event for a short period of time - even though he remains ill for another three weeks. However, this always presupposes that he himself wants this and does not jeopardize his recovery. In all cases it is advisable to contact the employer beforehand if the employee wishes to return to work despite a sick leave. So it is clear in case of an accident that it is in doubt about a commuting accident.