In 2021, there were a number of noteworthy employment-related court decisions, covering topics from sick notes to leave during short-time work, compliance investigations and transfers of undertakings.
According to the Federal Labour Court, the probative value of a sick note is questionable if the employee concerned has terminated his or her employment on the day of the sick note and the period of incapacity for work covers the duration of the employee's notice period exactly.
Where employees give notice of termination voluntarily, for example due to a change of job, sometimes a certificate of incapacity for work is submitted in more or less simultaneously with the notice of termination, meaning the employee spends his or her notice period is (presumably) on sick leave. The employer incurs additional costs due to the employee's absence during the notice period or to the employee's holiday entitlements, which cannot be reduced.
Although a medical certificate of incapacity for work is the evidence of sickness required by law, the employer can undermine its probative value. To do so, the employer must show and, if necessary, prove, factual circumstances that give rise to serious doubts about the employee's inability to work. If the employer succeeds in doing so, it is up to the employee to prove his or her incapacity for work.
According to the Federal Labour Court's decision, there are at least grounds for serious doubts if the sick note is...
Homestead Hospice has reached a $1.93 million settlement agreement for the company’s alleged involvement in False Claims Act violations. U.S. District Judge Thomas Thrash Jr. recently released the...