A ruling by the Heilbronn Labor Court (Arbeitsgericht (ArbG) Heilbronn) on March 27, 2026 (Ref. No. 7 Ca 314/25), demonstrates once again that the probative value of a certificate of incapacity for work, while significant under German labor law, is not unassailable.

Quick Hits

• A precise temporal overlap between a denied vacation extension and a sick leave report, combined with a recurrence in the previous year, can undermine the probative value of a certificate of incapacity for work.
• Once the probative value has been undermined, the employee must specifically demonstrate and prove the inability to work, including symptoms, effects on the job, and medical instructions.

Certificates of incapacity for work are typically the primary evidence that an employee was unable to work due to illness and is therefore entitled to continued pay. Under certain circumstances, the employer may raise serious doubts as to the incapacity to work. If the employer succeeds in doing so, the employee must provide concrete proof of their illness and the resulting incapacity to work. If the employee fails to do so, there is no entitlement to continued pay.

The Case—Certificate of Incapacity for Work After Denied Vacation Request

The employee had approved vacation time in the summer of 2025 and, while still on vacation, requested an extension for the following week on multiple occasions. The employer refused. On the morning of the first workday following the approved vacation, the employee...

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