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I informed my boss that I have a doctor's appointment at 11 am and 5 pm on different days. He responded with the following message telling me to record my doctor's appointments as absences on my timesheets:

Hi, sure - I hope you are recording those times accordingly as absence (not recording as working hours)

Am I required to record doctor's appointments as absences and what are the consequences for me if I do? I have a feeling he's looking for a way to duck my pay during my notice period. I can offer to make up that time later by working overtime but I don't know if this is even necessary in Germany.

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    Given all the problems you are having with your employer, I'd strongly advise contacting a lawyer. Commented Sep 24, 2023 at 21:19
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    I've looked into a lawyer, they're quite expensive. I'm deliberating asking my boss: Are you saying I can't attend my doctor's appointmets?
    – Duzii2
    Commented Sep 24, 2023 at 22:15
  • What kind of a doctor's appointment are we talking about? Generally in Austria (and according to some websites it seems somewhat similar in Germany) this depends on how important the appointment is, whether you could go to that doctor outside of working hours, whether you work flexible hours, part-time, etc. The rule of thumb is to go to doctors outside of working hours, only if that's not possible or realistic (e.g. acute cases preventing you from working) it's paid working hours.
    – LW001
    Commented Sep 24, 2023 at 22:35
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    Are you saying I can't attend my doctor's appointments? - Did you actually ask your boss that? According to your question, your boss did not say or imply anything of the kind. They merely told you to record those times accordingly. It seems to me that you've intentionally made this interaction with your boss antagonistic and adversarial.
    – joeqwerty
    Commented Sep 24, 2023 at 22:47
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    Seeing your other question(s) I'll just repeat the above again - You seem to have a bunch of things that appear unclear/legally wrong to you that a lawyer would be best to clear up. <My opinion from here> Yes a lawyer might be expensive but that's kind of the hidden cost I've seen from a bunch of people in startups once things get messy with the boss. If you want to avoid this kind of uncertainty look for a job at a larger company with enough employees to require some amount of union membership - You would direct these questions directly there, for just some small membership fee.
    – LW001
    Commented Sep 24, 2023 at 23:38

1 Answer 1

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I informed my boss that I have a doctor's appointment at 11 am and 5 pm on different days.

Good, you did the right thing. You informed them early, you did not "fake" ask for permission and then wonder what you do with a reply you don't like. Exactly right.

He responded [...] telling me to record my doctor's appointments as absences on my timesheets

Your boss acted absolutely correct here, too. Doctors appointments are protected, they cannot fire or reprimand you for going, but claiming you were at work is just wrong and would be fraud on multiple levels. Fraud vs your employer, vs the employers accident insurance, vs the tax authorities if you actually commuted... many people get to know whether you were actually at work and the truth is you will not be, that is the whole point of a doctors appointment.

Am I required to record doctor's appointments as absences and what are the consequences for me if I do?

Yes, and they can fire you if you claim you were at work instead. Going to a doctor is protected, lying, falsifying time sheets and claiming you worked during that time is not. This is not your employer making life hard or controlling or micromanaging you, having correct time sheets is a legal requirement for them.

Therefore he's implying I can't attend doctor's appointments during work time

No, they are not. They did not say so or imply so. They said you cannot record your doctors visit as work time, which should be obvious, because it isn't.

I have a feeling he's looking for a way to duck my pay during my notice period. I can offer to make up that time later by working overtime but I don't know if this is even necessary in Germany.

If you go to the doctor and get a sick note, then you will miss the day or more days to come and they will have to pay you (that money will be paid by your health insurance behind the scenes, but you will get a paycheck as if you had been at work).

If you go to the doctor and not get a sick note, then it would be up to you to prove, that there was no way to make that doctors appointment outside of working hours. Since you said you were working remote in a startup, I will assume you have rather flexible working hours. The expectation is that you will make up for the lost time. Either by starting earlier on a day where you have to leave early, or by working later on a day where you had to come in late.

Different rules may apply if you work a job with strict shift requirements and strong labor unions, like a factory worker at an assembly line, where you need to be there when it starts and the whistle blows at 16:30 you cannot work individual overtime. But that is not you. You are flexible. You are expected to schedule your work to accomodate a doctors visit, normally by making up the time on the same day or another day.

They have to accept your doctors visit, they don't have to pay you for not working. Unless you get a sick note.

That is pretty much standard in Germany for the last quarter of a century that I worked jobs with flexible hours.

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  • Thanks for the helpful answer. If you go to the doctor and get a sick note, then you will miss the day or more days to come and they will have to pay you (that money will be paid by your health insurance behind the scenes, but you will get a paycheck as if you had been at work). . I knew the health insurance in Germany only pays your salary if you've been sick for more than a total of 6 weeks. I didn't know they also pay your salary for any day you were on sick leave.
    – Duzii2
    Commented Sep 25, 2023 at 6:11
  • Well, there are different versions of how much the employer has to shoulder and how much they can get back from the health insurance. For normal light sickness or procedures or accidents, you just get your normal paycheck as if you had been at work those days you got a sick note for. Only after 6 weeks of the same sickness (lets say you broke a leg), your health insurance will take over visibly, not only behind the scenes.
    – nvoigt
    Commented Sep 25, 2023 at 6:19
  • @nvoigt Are you sure that employers can claim back salary from the health insurers for a single sick day? I strongly doubt that, a couple of sick days is just an economic risk employers are required to cover by law. Note that most employers also allow up to 3 consequetive sick days without a doctors note. Either way it doesn't matter to the employee, their salary just continues as normal.
    – quarague
    Commented Sep 25, 2023 at 13:29
  • @quarague I am not entirely sure about the inner workings. But since you are supposed to send a copy of your sick note to the health insurance, I guess they are involved somehow. After 6 consecutive weeks, you will no longer get your full pay though, that is when the health insurance steps in for real.
    – nvoigt
    Commented Sep 25, 2023 at 13:39
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    During the first 6 weeks of the same illness, the employer has to continue paying the full wages. de.wikipedia.org/wiki/Umlage_U1 is a mandatory insurance for employers with up to 30 employees (FTE) which allows the employer to reclaim some percentage of those wage costs (somewhere between 50 and 80 %, the employer has some choice here). AFAIK there is no such reimbursement for larger employers, but due to having many employees, their sick pay will be closer to the average and thus easier to calculate for beforehand. The health insurance anyways needs to know the date of the initial...
    – cbeleites
    Commented Oct 12, 2023 at 17:33

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