Per farla breve, a gennaio sono stato in congedo per malattia per 2 settimane, sono tornato al lavoro, ho potuto lavorare per 4 giorni, poi da allora sono in congedo per malattia.
1) L’AG dichiara di non avere una Erstbescheinigung dopo il 30.01.2026. Ma è semplicemente falso, ce n’è uno datato 02.02.2026.
2) Ora vogliono che spieghi ogni singolo congedo per malattia dall’inizio del mio lavoro E che rinunci alla riservatezza medico-paziente.
Giovedì ho appuntamento con un avvocato, sono solo curioso di sapere cosa diavolo è questo.
https://www.reddit.com/gallery/1rjpx04
di Inside-Attorney2924
15 commenti
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this is anexcellent court case. I would search for a new employer, though.
It’s a very simple question they want answered. Are your two sick leaves due to the same underlying medical condition. Ask your doctor to write you a document that clearly states this is the case and hand it over without going into too much depth about the actual condition. If they don’t believe a note from your doctor, you need a lawyer
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>I’m just curious what the heck is this.
This is a distrust warning that your employer doesn’t believe that you are sick or sick with the same illness, so they are asking for your diagnosis.
In Germany you get paid for 6 weeks of being sick by your employer and afterwards the health insurance starts to cover your salary. Due to you having worked a couple days and then being sick again they do not believe that it’s a new sickness that would reset their obligation to pay you.
If you’ve been written off for the same illness, the following sick leave would fall under the obligation of the health insurance as well.
And since it looks like you’ve been sick a lot they are asking for details, probably in order to determine if they have grounds to fire you due to you not being at work enough. If you are sick a lot with little to no chance of you getting better it is possible to fire you with a so called “Krankheitsbedingte Kündigung.” This is hard to do, but possible, and my best guess is they are preparing for that.
Now to the illegal part: asking for your diagnosis is illegal, no matter the circumstances. Your employer has a right to warn you of their distrust and then get in contact with the Medizinischer Dienst and your insurance and your doctors will then have to disclose your diagnose to them in detail, but not to your employer. You may have to go to some doctors appointments as well.
And then they will tell your employer that yes, same diagnosis, the insurance has to pay or no, not same diagnosis, employer has to pay. They will never disclose details to your employer and to even ask for it is illegal. Good of them to ask for it in writing, your lawyer will have fun. 🙂
Hey OP. They are technically allowed to ask these questions and if you want your money the court ruling they cited says that you have to show enough proof that the underlying med conditions are different. So dont ignore the deadline.
However, do not sign a blank waiver. Provide a detailed doctors letter. Ask them to write a statement confirming that the illness starting Jan 30th is a new, unrelated condition (without necessarily giving every graphic detail).
Take it from there! Good luck and most importantly I hope you are feeling better soon.
Just a quick fyi, they do say/confirm they have a new Erstbescheinigung starting from 30.01., they just don’t see it being related to a new/different sickness. That’s what they want clarified.
Get this checked for sure, to avoid language based misunderstandings too on top of any legal case.
It is not the employer who checks if it is the same illnes, but the health insurance company. Go tell them to ask your health insurance.
They ask you something that they are not allowed to ask you, maybe to put a lot of pressure on you. Don’t answer these questions! Would be interesting to know what a lawyer tells you to do. Actually they should ask your health insurance or the „Medizinische Dienst der Krankenkassen“ (MDK) if these two sick leaves are related and the only answer the insurance is allowed to give is a „Yes“ or „No“.
Absolutely NOT.
Their issue is theoretically understandable.
I would ask my doc to write down a short statement if the new sickness is actually a new one or the recurring old one.
It’s understandable that the employer wants to know this, but anything elso is non of their business.
Dear HR,
i have a genital fungus. Attached you’ll find a photo for intern records
Best regards
Lawyer up this smells like trying to get rid of you (just see their side of the court: you are never there and sick and sick again. They hired you to do work and make money)
I was curious what you think, I’ll leave an update on thursday.
But, asking for a confidentiality waiver without a court dispute is really weird.
Then, they also claim they will deny any AU due to a new illness, until they receive a full explanation from me. Which to me sounds like a breach of good faith (242 BGB) and I see it as an attempted coercive leverage.
Yes, I’m aware of that there is a court precedent that gives them certain rights IF the case goes to court. But, we’re not there yet, and I think this letter was written in bad faith.
People really abuse the medical leave here. So unless you have done something shady, why is OP getting panicking
Regarding your curiosity: the employer is supposed to keep paying your salary for 6 weeks per sickness, after that the health insurance takes over. You’ve been on sick leave for 6 weeks, so now the employer needs to know if this was due to one sickness vs. two different ones, to know who will pay.