A rogue who thinks bad things about it. And yet not uncommon in practice.
A recent ruling by the Lower Saxony Regional Labor Court has now indicated that employers certainly doubt certificates of incapacity for work with this “timing” and may stop continuing payment of remuneration if necessary. The order and thus the correlation of events is important to the court: First, the dismissal is given, then the certificate of incapacity for work is filed.
In the opposite case — an employee resigns himself and then calls in sick for the rest of the contract period — the Federal Labour Court had already ruled two years ago that employers may question the certificate of incapacity for work or that its “evidentiary value may be shaken.”
What does the Lower Saxony LAG ruling mean for your company?
If an employee calls in sick following his dismissal — and in the opinion of the Lower Saxony Regional Labour Court, it is now irrelevant which side has given the notice — you are not automatically obliged to continue to pay pay. I would be happy to review your individual case or advise you on all other questions relating to terminations and your obligations as an employer.
