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Emergency

Dismissal due to illness: is that even allowed?

Many believe you cannot be dismissed while on sick leave, but that is not correct. Dismissal is also possible during sick leave. An illness-related dismissal, however, must clear high hurdles and is often challengeable.

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Your chances of getting your money back

An illness-related dismissal requires: a negative health prognosis, a significant impairment of operational interests and a balancing of interests to your disadvantage. The employer must set out these points, which often does not succeed.
If the employer did not offer a company integration management program (BEM), that considerably weakens its position. If protection against dismissal applies, a claim is often worthwhile.

What you should do now

  1. 1

    1. Observe the deadline

    File an unfair-dismissal claim within three weeks (§ 4 KSchG), otherwise the dismissal becomes effective.

  2. 2

    2. Check the BEM

    Were you offered a company integration management program? If it is missing, that is a strong argument against the dismissal.

  3. 3

    3. Question the prognosis

    A dismissal due to a one-off or healed illness is usually inadmissible. It depends on the future prognosis.

  4. 4

    4. Get advice

    Have the dismissal checked under employment law (legal or procedural aid may be available). Often at least a severance payment is achievable.

Frequently asked questions

Can I be dismissed while on sick leave?

Yes, sick leave does not automatically protect against dismissal. But an illness-related dismissal is only valid under strict conditions (a negative health prognosis, significant operational impairment, a balancing of interests), and therefore often challengeable.

What does a missing BEM mean for the dismissal?

For a longer or frequent illness, the employer must offer a company integration management program (BEM). If it failed to do so, it must set out particularly precisely that there was no milder means than dismissal, which often does not succeed, improving your chances in court.

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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.