German labor law protections for employees during long-term illness

In Germany, long-term illness does not automatically result in a valid termination of employment. For a dismissal based on illness to be legally effective, an employer must demonstrate a negative prognosis for the future, significant operational burdens, and a lack of milder alternatives, such as adjusting the workplace or changing working hours.

A recent ruling by the Landesarbeitsgericht Schleswig-Holstein highlighted the legal protections for employees. An employer attempted to issue an extraordinary, summary dismissal of a nursing professional, alleging that her sick leave—which occurred immediately after she submitted her own resignation—was faked to bridge the gap until a new job began. However, the court rejected the employer's claim, ruling that there was insufficient evidence to undermine the validity of the medical certificates provided by her physician.