Sick Note After Dismissal? German Court Preserves Pay Rights as Vacation Rules Tighten
26.06.2026 - 01:33:31 | boerse-global.de
The Workers' Court in Nordhausen has ruled that employers cannot simply dismiss a doctor's certificate because a worker fell sick after being handed a notice. The court insisted that a properly issued sick note retains its evidentiary weight unless the employer can prove prior announcement of the illness.
The case involved a woman whose employer refused to continue paying her salary, arguing she had announced her sick leave in advance. The judges rejected that defense, stating bare allegations are not enough to undermine a medical certificate. Only if the sick note ends exactly on the last day of employment might its credibility be shaken — under a previous Federal Labor Court (BAG) decision (case 5 AZR 137/23) — requiring further investigation such as testimony from the treating doctors.
Labor Court Ends Employer’s Two-Week Cap on Consecutive Vacation
In a separate ruling, the Thuringia Regional Labor Court struck down an internal company policy that capped consecutive vacation at two weeks. The court granted a temporary injunction securing three weeks off for an employee and explicitly declared that a blanket two-week ceiling violates Germany’s Federal Vacation Act.
The judges cited Section 7(2) of the act, which mandates that vacation must normally be granted in consecutive blocks. Splitting it is only permissible for urgent operational reasons or personal grounds relating to the worker. A longer break better serves the purpose of recovery, the court reasoned. Employers are not allowed to impose a general upper limit without compelling business justifications. The case is archived under 4 Ta 15/26.
Holidays Don’t Count as Vacation When No Work Was Scheduled
Simultaneously, the Federal Labor Court in Erfurt clarified a major point for shift workers, particularly those in nursing and emergency services. On 24 June 2026, the court decided that vacation days may only be deducted for days when the employee would actually have been required to work.
If a public holiday falls inside a vacation period and the employee’s roster already showed no duty for that day, the holiday cannot be counted as used vacation time. The ruling reinforces the principle that vacation serves to exempt a worker from an existing work obligation — where no obligation exists, no vacation is consumed.
€55,000 Japan Trip Rejected as Unreasonable for Severely Disabled Man
The social courts also set boundaries. The Baden-Württemberg State Social Court on 25 June 2026 refused to order the cost of a 24-day trip to Japan for a severely disabled man, estimated at €55,000. While acknowledging that holiday counts as social participation, the court noted that the sum is disproportionately expensive.
A conventional journey of similar duration would cost around €4,000, the judges pointed out, far below the requested amount. The principle of economic efficiency limits the insured person’s right to choose, the court ruled (case L 2 SO 4027/25 ER-B).
Mass Dismissal Rules Tightened Earlier This Year
In a decision from spring 2026 (case 6 AZR 157/22), the BAG had already sharpened the rules on mass redundancies. A dismissal is void if the mandatory mass dismissal notification is missing or flawed. Crucially, that notification must be filed before the conclusion of consultations with the works council. Retroactive correction does not cure the defect, in line with EU worker-protection requirements.
