Germany: Online Sick Notes Without Medical Consultation: Hamm Labour Court Upholds Extraordinary Dismissal

Hamm Labour Court, Judgment of 5 September 2025 - 14 SLa 145/25

An employee reported sick for five days and submitted a certificate of incapacity for work which he had obtained through a paid website - without ever having spoken to a doctor. What appeared to be a convenient solution ended before the Hamm Labour Court, which upheld the employee's extraordinary dismissal for cause. This decision clearly demonstrates that not every sick note will withstand judicial scrutiny and highlights the consequences that may arise when employees become overly creative in obtaining certificates of incapacity for work.

Sick Notes at the Click of a Mouse - Without Medical Examination

The employee in question had merely completed an online questionnaire in which he described his working conditions, symptoms and medication taken. He selected the more economical option without any medical contact whatsoever. The Hamm Labour Court made clear that this approach contravenes the Incapacity for Work Directive, which mandates an examination by a doctor - in person, by video or, under certain conditions, by telephone. By submitting the certificate, the employee deliberately misrepresented that a proper medical assessment had taken place, thereby breaching his duty of mutual consideration.

Evidential Value Undermined - Dismissal Justified

The Court further held that the objective breach of the Directive is sufficient to undermine the normally high evidential value of a medical certificate of incapacity for work. As the employee subsequently failed to substantiate that he was genuinely incapable of working, there was a serious breach of contract which justified the summary dismissal.

Practical Guidance and Guidelines for Reviewing Certificates of Incapacity for Work

The determination of incapacity for work requires particular medical diligence owing to its significance under employment and social security law. For employers and HR departments, the following points are particularly relevant:

Employers should ensure that their HR departments are alert to the need to carefully review certificates of incapacity for work that are provided to them. It is important to meticulously document all indicators and inconsistencies (e.g. numerous initial certificates, Friday or Monday absences, illness following holiday or where requested leave has been refused, temporal coincidences with notice periods, etc.).

Certification must generally be provided by panel doctors and be identifiable as an initial or follow-up certificate. In cases of illness without severe symptoms, the determination of incapacity for work is also permissible following a telephone consultation, although the initial determination should cover a maximum of five calendar days.

Backdating is only permissible in exceptional circumstances and generally up to three days. The anticipated duration should not be certified for a period more than two weeks in advance; in cases of particular illness progression, up to one month is possible. Incapacity for work on non-working days must also generally be certified.

Where there are doubts as to legitimacy, the health insurance provider should be informed, as it can initiate further investigations. Consideration should also be given to withholding remuneration and/or initiating employment law measures. The order to submit a certificate of incapacity for work from a doctor as from day one of any illness is an immediate first step in case of doubt.