Arbeitsrecht: Online-Krankschreibung ohne Arztkontakt - Kündigung wirksam

A recent decision by the Landesarbeitsgericht Hamm (LAG) in Germany holds that an online sick note without a doctor's consultation can result in an immediate termination of employment. The ruling comes from case 14 SLa 145/25, which the Arbeitsgemeinschaft Arbeitsrecht of the German Lawyers' Association (DAV) refers to.

In this particular situation, the employee submitted an online sick note obtained via the internet. This document was presented as if it had been provided by a private doctor using telemedicine, despite having no personal, telephone, or digital contact with a physician. The certificate even contained a warning that the medical assessment was based solely on a questionnaire and that the employee was only likely to be unfit for work. Despite presenting this note for five days of sick leave, the employee received continued pay.

Upon internal investigations, the employer deemed the submission of the certificate as a deception and terminated the employment without notice. The LAG determined this immediate termination as legally valid, citing a significant reason for an extraordinary dismissal. The employee had seriously violated the contractual obligations of consideration and loyalty by misleading the employer into believing the sick leave was medically certified by a doctor, as per medical standards.

The employer had no reasonable expectation to continue the employment relationship in light of the significant breach of trust. The use of a document visually similar to an official sick note allowed the employee to deceive the employer and secure continued pay. Moreover, the employee could not detail their actual illness in the process.