Our website uses cookies to provide you with the best possible service. In addition to our use of strictly necessary cookies, you can consent to the use of analytics cookies. You can find more information here: To the privacy policy. You can revoke your consent at any time by clicking on the ‘Revoke consent’ button.
BAG: Undermining the probative value of a certificate of incapacity for work
In 2021, the Federal Labour Court (BAG) ruled that the probative value of a certificate of incapacity for work may be “undermined” “if the certified incapacity for work coincides exactly with the duration of the notice period”. This “undermining” stems “from the certificate itself”. Consequently, the certificate did not constitute proof of incapacity for work. But when can such “exact correspondence” be said to exist? Only in cases where the entire period from the date on which notice of dismissal was given until the end of the notice period is covered by the certificate? This was the subject of the BAG’s decision of 13 December 2023 (5 AZR 137/23) presented here.
Read the analysis of the BAG’s judgement on the topic of “Exact coverage of incapacity for work” in our article in the Deutscher Anwaltsspiegel:
Note: This language version has been produced using AI-assisted translation. If you notice anything that could be improved, we would be pleased to receive your feedback.