Fragen aus dem Arbeitsrecht: Krankgeschrieben: Kann der Chef eine Übergabe fordern?
Wer krankgeschrieben ist, gilt als arbeitsunfähig – kann dann trotzdem eine Übergabe von mir verlangt werden?
Workplace legal queries often arise around sick leave, particularly when an employee is unable to perform their usual duties. In such cases, transferring tasks to colleagues becomes crucial. However, can a manager demand that the sick employee continues their work from bed? According to Johannes Schipp, a labor law specialist, if the transfer is healthily feasible for the affected employee, the employer may indeed request it.
For instance, if someone is feverish and in bed, a transfer would not be unreasonable. Yet, for an employee with a broken arm, a transfer would likely be required. Ultimately, whether a transfer is reasonable is determined on a case-by-case basis. Managers should not demand normal work duties, even if light transfers are permissible if they are healthily manageable.
They must also avoid making the transfers overly extensive, which could complicate matters or extend beyond a few hours. While sick employees must follow these guidelines, they should not be asked to perform tasks that could hinder their recovery. For example, they should not be required to create extensive written documentation or attend video conferences.
As a professional, Johannes Schipp is a labor law expert and a former chairman of the German Association of Labor Law.
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
