Telephone sick leave and video consultation

Due to the decision of the joint federal committee, since August 4, 2022, employees can get sick leave for up to seven days by telephone. The regulation applies for a limited period up to November 30, 2022 and only in the case of respiratory diseases. But what is the significance of a sick note? Which procedure should be observed? What else applies to sick leave using video consultation hours?

1. PRIOR EVIDENCE

A properly issued medical certificate of incapacity for work has a high probative value as evidence of incapacity to work due to illness. It does not justify a legal presumption with the result that only proof to the contrary would be admissible. However, it has the effect of an actual presumption as prima facie evidence. Companies must therefore shatter the prima facie evidence of the certificate of incapacity to work if they wish to refuse continued payment of wages or would like to deny incapacity for work for other reasons. For this purpose, facts must be presented that raise serious doubts about the inability to work due to illness (e.g. prior notification of the inability to work; repeated temporal connection with public holidays and/or vacation).

Insofar as certificates of incapacity to work – as required by law in Germany – distinguish between illness and incapacity to work, certificates of incapacity to work issued abroad also have the same probative value.

2. INCAPACITY DETERMINATION PROCEDURE

According to § 4...

Read Full Story: https://www.natlawreview.com/article/disability-certificates-germany