{
  "id": 17810196,
  "title": "Krankmeldung: Wie sich Arbeitgeber gegen Blaumacher wehren können",
  "url": "https://urgent.news/2026/11/02/krankmeldung-wie-sich-arbeitgeber-gegen-blaumacher-wehren-konnen",
  "topic": "business",
  "section": "Business",
  "published": "2026-11-02T14:54:00.000Z",
  "source": {
    "name": "Handelsblatt",
    "slug": "handelsblatt",
    "url": "https://www.handelsblatt.com/karriere/fuehrungskraefte-so-duerfen-firmen-rechtlich-gegen-blaumacher-vorgehen/100180160.html"
  },
  "original_language": "de",
  "account": "The German unemployment rate has recently decreased slightly, according to data from the Techniker Krankenkasse. However, the total number of workdays missed by employees remains high. Between January and November 2025, German workers missed an average of 18.6 days due to illness, compared to just 13 days per year in 2021. It is unclear how many of these instances were genuinely ill and how many were \"blue-flowering,\" pretending to be sick. A survey by the Yougov opinion research institute last year found that more than a quarter of people have claimed benefits with false information. A recent study by the Pronova BKK insurance company found that 60% of employees have claimed sick leave when they were actually fit to work. Seven percent do this \"frequently.\" About half of respondents claim to do it \"sometimes\" or \"rarely.\" When an employee repeatedly claims to be ill when they are actually able to work, their employer cannot simply accept it. Two employment law specialists explain the legal options companies have against such \"sick workers.\" Employees must inform their employer immediately when they are ill and also how long the absence is expected to last. \"The employee can use the phone, email, SMS, WhatsApp or other messaging services for this,\" says Markus Bohnau, an employment law specialist at Kliemt law firm. An absence certificate (AU) is currently required only if the absence lasts longer than three days. However, the German government is considering strengthening this rule so that an AU could be required from the first day. Even before the three-day period, the employer can request an AU from the insured employees. According to Nathalie Oberthür, a lawyer in Cologne, this can be demanded directly from the health insurance company since 2023. If an employee is absent without a certificate, the employer has the legal right to refuse payment. Some companies even pay the full salary for six weeks. When an employee is absent without presenting an AU, the employer can also impose penalties such as a warning or termination. Signs of sick leave fraud: When can employers challenge an AU? \"Employers can challenge a certificate if there is a justified doubt about its correctness,\" says Bohnau. This can be the case when the employee has notified their absence in advance, such as because their vacation request was denied or there was a dispute with their boss. The employee continues to claim sick leave shortly before or after their vacation, weekend, or holiday. The employer catches the employee engaging in behavior that contradicts their absence, such as going to a party despite having the flu. The employee resigns and continues to claim sick leave for the rest of the contract period. Suspected sick leave fraud: What can employers do? When an employee fabricates sick leave, it can have far-reaching consequences and even lead to extraordinary termination. However, proving that an employee has claimed to be ill when they were not can be challenging, especially if a certificate is presented. The attending physician is usually reluctant to admit that they made a mistake during the examination of the patient. One option is to involve the Medical Service of the statutory health insurance companies, which can verify the accuracy of the certificate and order an investigation of the employee. However, this can take several days or even weeks, and it may be difficult to verify if the employee was actually ill by then. Another option is to hire a private detective to uncover a possibly falsified illness. However, companies should be cautious as they may face legal consequences.",
  "summary": "Aus dem Handelsblatt-Archiv: Ein Mitarbeiter meldet sich immer an Brückentagen und montags krank? Diese rechtlichen Möglichkeiten haben Firmen bei Verdacht auf Blaumachen.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}