Timeline for Is it illegal in Germany to take sick leave if you caused your own illness?
Current License: CC BY-SA 4.0
5 events
| when toggle format | what | by | license | comment | |
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| Mar 14, 2019 at 7:38 | comment | added | Tom | You cannot be fired for making yourself sick. The employer can refuse to pay sick leave, but that's it. Firing due to health reasons is only possible for conditions that are not getting better in Germany (very much simplified, but in essence). | |
| Mar 13, 2019 at 23:06 | comment | added | Peter Cordes | So maybe something they could fire you over, like other employee behaviour problems? But might not be considered a breach of contract if you'd agreed to work for at least x months as part of some offer / deal? And not something they could sue you over. I don't think "criminal" is really the right word even for getting drunk before (not) coming to work; it's not breaking criminal law (unless you're a bus driver or otherwise could injure people by being negligent in your job...) | |
| Mar 13, 2019 at 22:50 | comment | added | joeqwerty | That seems like a gray area. If I eat something that I know may make me too sick to work then that's foolish and possibly negligent. Is it criminally negligent? Probably not. I think intent has a lot of bearing here. If my express intent is to make myself too sick to work than that's probably a problem. | |
| Mar 13, 2019 at 22:44 | comment | added | Peter Cordes | I could imagine that failing to avoid something you knew (from past experience) would make you sick would be a problem, even if the reason for eating it was that it tastes good. (e.g. some food that you love, but that gives you migraines.) That's getting into territory that's could be considered somewhat similar to drinking / drugs, which are well-known ways to make yourself unable to work and typically are punishable by employers. | |
| Mar 13, 2019 at 22:37 | history | answered | joeqwerty | CC BY-SA 4.0 |