Termination due to illness: Strict rules and important protective measures!

Termination due to illness: Strict rules and important protective measures!

The question of whether an employer can dismiss an employee because of illness is anything but trivial. In fact, termination due to health problems is possible, but only under strict conditions. How North24 reported, employers must observe three key requirements for such a termination to be legally valid.

First of all, there must be a negative health prognosis. This means that foreseeable, above-average absences due to illness are to be expected. An example of this would be if an employee has been absent for more than six weeks in the last two years. Then it depends on whether these absences had a significant impact on the company. Impairments such as disrupted processes or high costs due to continued payment of wages are crucial. In addition, a careful weighing of interests is essential: factors such as length of service, the age of the employee and the type of illness must be taken into account in the decision.

Termination within the framework of the law

The Dismissal Protection Act (KSchG) applies to employers, which requires social justification for dismissals in companies with more than ten employees and a period of employment of over six months. High levels of sickness absence can be a challenge for an employer, but termination is not a step taken lightly. Illnesses can hinder operations and cause additional costs. We find a striking example in the case of an employee at Amazon who was absent for 243 days within three years and whose case is now going to court Law.cc reported.

Before termination, the employer must take all reasonable measures to maintain the employment relationship. This is where company integration management (BEM) comes into play. This is required by law as soon as an employee is sick for more than six weeks. If this BEM is missing, termination may be considered ineffective in the event of a dispute. It is crucial for employees to insist on the BEM to demonstrate that mitigating resources have not been exhausted, which in turn facilitates the termination decision.

Legal framework and recommendations for action

It is important to note that no warning is required if you terminate your contract due to illness. Instead, employers must take the following steps:

• Negative Gesundheitsprognose fundiert nachweisen.
• Erhebliche betriebliche Beeinträchtigungen darlegen.
• Eine sorgsame Interessenabwägung vornehmen.

In this way, the legal basis for illness as a reason for termination can be created. In addition, the works council must be heard before termination, and the approval of the integration office is essential for severely disabled employees. In order to avoid legal stumbling blocks, employers should seek open discussions with employees who are often ill, document absences and, if necessary, seek company medical help.

In summary, it should be noted that termination due to illness is not an easy step. Employers must proceed carefully and carry out a case-by-case assessment to meet legal requirements. Corporate integration management plays a key role and should be used in the best interests of both parties. It is also advisable to carefully consider such decisions in the context of the current labor market situation.

If you would like to find out more about health insurance and its legal basis, you can find it on the website Health Insurance Marketplace lots of useful information to help you find the right protection. Insurance in the event of illness and its consequences is also a central issue today.