German court rejects dismissal over suspected fraudulent sick leave

The Higher Labor Court of Schleswig-Holstein has ruled against an employer who attempted to summarily dismiss a nursing professional for alleged fraudulent sick leave. The employee had resigned with notice effective March 31, 2025, but subsequently reported being unable to work due to a shoulder injury sustained in February. Because the medical certificates covered the period exactly until the end of the employment contract, the employer suspected the illness was faked to bridge the gap before a new job.

The court found that the employer failed to provide sufficient evidence to undermine the validity of the medical certificates. While close temporal links between a resignation and sick leave can trigger suspicion, the court emphasized that timing alone does not prove deception. Legal experts note that while employers can raise doubts based on a combination of factors—such as an employee returning all work equipment prematurely or starting a new job immediately after—the evidentiary value of a doctor's certificate remains high.