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by _ak 3353 days ago
> A relative of mine got cancer. The company he was with ended up paying his wages for over half a year, because they had no legal way of finding out what was wrong with him

I call BS. If you're off sick for 6 weeks in a row with the same diagnosis, the employer stops paying, and the employee has to apply for sick pay (Krankengeld) with their health insurance (Krankenkasse). No doctor is allowed to sign off a patient for longer than 4 weeks at once (i.e. the sick note has to be renewed every 4 weeks), this is even mandated by the public health insurances. So obviously there is no way for the employer to find out for how long an employee will be off sick in the long run, it's meant to be like that, and the employer shouldn't care about it because they're not paying salaries for sickness longer than 6 weeks. In addition to that, there's even a system in place, named "Hamburger Modell", to reintegrate long-term sick patients back into their workplace by working part-time hours, and it's even paid by the health insurance.

Source: was long-term off sick and went through the whole shpiel.

3 comments

I don't know about Germany, but in the UK I believe it's possible to fiddle the system by going back to work for 2 days every 6 weeks (or whatever the max is, it's something like that), and then getting signed off again. This resets the clock.

The company I work for has paid people on sick leave for 1Y plus at times. I know of one case in which they actually paid off a sick employee to resign from the company.

Yeah I don't believe the parent either. What you're describing is basically how health leave works in most of western Europe : the employer pays for the first X days, then the state [aka. insurance provider] takes over for long term disability.
Well, i don't know the exact details. What i do know is, he is getting paid, but his employer (telekom support call center) is still needling him to provide information on when he'd be back and how he's feeling about his health.

Maybe it's an oddity of MeckPomm, or something specific about cancer that allows this.

Can you provide an explanation as to why they'd be still on his case if he's not costing them anything?

> Can you provide an explanation as to why they'd be still on his case if he's not costing them anything?

Staffing. He's still employed even if they're not paying him. That means that they need to take him into account when making new hires. If he suddenly returns after they've hired a de-facto replacement, they now have 1 extra employee.

This sounds the most reasonable explanation, yeah.
They might be asking for things that they're not really eligible to know, or fishing for a pretext to get rid of him. Employment courts in Germany are very employee-friendly, and most cases (90+ %) are settled. Lawyer fees are strictly based on the value of the case (i.e. how much money/compensation the case is about), and each party has to pay for their own lawyer no matter what the verdict is (a rule to financially protect the more vulnerable employee from being financially ruined by the large corporation with expensive lawyers), so the financial risk for firing someone which is then eventually judged to have been done illegally is relatively limited and financially very predictable.

But the rules regarding long-term sickness are clear: the employee only has to send them the renewed sick notes, that's it.

I think doktrin makes a better point, but this is information that is good to know too. I have edited the post above to point out that this stuff should be read too.