Frequently Experiencing Ill Health?
In a landmark ruling, the Regional Labor Court of Mainz in Germany has upheld the termination of a long-term employee due to frequent and extended absences from work. The employee, who had been with the company for many years, had taken repeated and extended sick leaves totaling 166 workdays between 2020 and early 2023.
The court's decision was based on the principle that frequent short-term absences can lead to termination of employment if they cause significant operational disruptions or if there is a prognosis of continued absences negatively impacting the workplace. This principle is well-established in German labor jurisprudence.
The employee's diagnoses were varied and included flu-like infections, respiratory illnesses, psychological stress syndromes, and aftereffects of a heart attack. However, the court deemed a negative health prognosis for the man to be justified, despite the variety and unclarity of his diagnoses. The man was unable to refute the negative health prognosis with reliable statements or medical evidence.
During the absences, the employer had to continue paying wages, which the court considered as a significant financial burden. The employee denied needing support from the company's reintegration management, and formal shortcomings in the reintegration management did not render the termination invalid.
The termination was not found to be caused by any omitted mitigating measures from the employer's reintegration management. The man's appeal was overturned by the Regional Labor Court of Mainz, and the German Lawyers' Association, Employment Law Section, refers to this ruling.
This ruling serves as a reminder to employees and employers alike about the importance of reliable workforce attendance and the potential consequences of frequent absences. It also underscores the balance that German labor law strikes between an employee’s health rights and an employer’s interest in a reliable workforce.
Science plays a significant role in this ruling, as mental health, being a part of health-and-wellness, was one of the reasons for the employee's frequent absences. This ruling in the workplace-wellness sphere emphasizes that while addressing mental health issues is crucial, it should not disrupt the regular operations or predict continued disruptions in the workplace.
