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Emergency

Working despite a sick note: you may, you don't have to

A sick note is not a work-ban document: if you feel fit again before it expires, you may in principle return to work early. Conversely, no one may force you to work while ill. What matters is recovery, the duty of care and the question of accident insurance cover.

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The sick note certifies the incapacity for work but is not an employment ban. If you feel recovered, you may as a rule work again before it expires; a 'fitness-to-work note' is not mandatory for this.
No one may force you to work despite a continuing illness. The employer has a duty of care and must not endanger your health.

What you should do now

  1. 1

    1. Honestly assess your own recovery

    Only return if you feel up to the work and there is no risk of infecting others.

  2. 2

    2. Coordinate your return

    Let the employer know if you come back early. With contagious illnesses they can also send you home.

  3. 3

    3. Reject pressure

    If the employer pressures you to work while ill, reject this in writing and refer to the sick note.

  4. 4

    4. Note insurance cover

    Statutory accident insurance cover generally exists during work activity even during a sick note; if in doubt, clarify in advance with the employer/insurer.

How to spot the scam

  • The employer threatens disadvantages if you are absent due to illness.
  • You are asked to come to the office 'at least briefly', even though you are contagious.
  • A 'fitness-to-work note' is demanded that is not actually needed.

Frequently asked questions

May I work despite a sick note?

Yes, if you feel healthy again. The sick note is a prognosis, not a ban. A formal 'fitness-to-work note' is not required. However, you should only return if you are up to the work.

Am I insured if I work despite a sick note?

Statutory accident insurance cover is tied to the work activity and generally exists even during a sick note. If in doubt, clarify this beforehand with the employer and the accident insurer.

Do I have to work if the employer insists?

No. With continuing incapacity for work, no one may force you to work. The employer has a duty of care. Reject pressure in writing and refer to your sick note.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.