German labor law rulings on sick leave and vacation

German labor law regulations regarding sick leave and vacation have been highlighted through recent legal rulings and advisory guidelines.

The Hamm State Labor Court (Landesarbeitsgericht Hamm) upheld the summary dismissal of a production assistant who threatened to visit a doctor immediately after his short-term vacation request was denied. Although the employee later presented a medical certificate covering the period, the court determined that the threat to use sick leave as a substitute for denied leave justified immediate termination.

Separately, legal experts note that employees who genuinely fall ill during vacation are entitled to reclaim those vacation days. To do so, the incapacity to work must be verified by a medical certificate. Employees must notify their employer immediately and provide the expected duration of the illness. For those ill while abroad, a local medical certificate is required to serve as proof in place of the standard electronic certificate used in Germany.