Termination due to illness: What are my rights?
January 12, 2022 | 40,00 EUR | answered by Alexander Lenzner
Dear Employment Lawyer,
My name is Clara Blumberg and I have been working as a sales representative for a medium-sized company for five years. In recent months, I have experienced increasing health problems and have had to stay home from work more frequently due to illness. Recently, my employer informed me that they are considering termination due to my frequent sick leaves.
I am very worried about my professional future and wonder if my employer has the right to terminate me because of my illness. I feel unfairly treated as my health problems were not intentionally caused and I have no control over them.
I would like to know what rights I have in this situation and if there are any ways to protect myself from termination due to illness. Are there any legal regulations that support me as an employee in such cases? What can I do to keep my job and protect my health?
Thank you in advance for your help and support.
Sincerely,
Clara Blumberg
Dear Mrs. Blumberg,
I understand your concerns and fears regarding a possible termination due to your frequent sick leave. In Germany, there are legal regulations that are meant to protect employees in such situations. Firstly, it is important to know that your employer cannot simply terminate you due to your illness. There are strict rules and requirements that must be met for a termination due to health reasons to be lawful.
According to § 1 para. 2 of the Employment Protection Act (KSchG), a termination is only effective if it is socially justified. This means that your employer must have a valid reason for the termination that is related to you personally and that outweighs the interest in continued employment. Frequent illness alone is usually not a sufficient reason for termination.
Furthermore, your employer must also obtain a medical opinion before issuing a termination, to clarify the exact situation and prognosis of your illness. If your health problems are classified as chronic or permanent, this could also be considered a reason for protection against termination.
It is important that you communicate your health problems openly and honestly to your employer. You could also suggest working together to find solutions to improve your health and maintain your employment relationship. For example, flexible working hours or home office arrangements could be a way to reduce your workload.
If your employer still issues a termination, you can file a protection against dismissal lawsuit at the labor court within three weeks. There, it will be examined whether the termination was lawful and whether you are entitled to severance pay.
I recommend that you promptly contact a specialized labor law attorney to clarify your rights and protect your professional future. I am happy to assist you with any further questions and support.
Best regards,
Alexander Lenzner (Labor Law Attorney)
