Further Ruling on the Evidentiary Value of Medical Certificate of Incapacity for Work

Once again, a court has addressed the issue of the evidentiary value of medical certificates of incapacity for work. With its decision of April 18, 2024 (Ref.: 6 Sa 416/23), the Regional Labor Court of Lower Saxony (Landesarbeitsgericht – LAG) continues the case law of the German Federal Labor Court (Bundesarbeitsgericht – BAG) on this issue and the associated graduated burden of proof (we have already reported on the BAG decision).

Judgement

The subject matter of the dispute between the plaintiff and the defendant former employer were claims for (continued) remuneration. The LAG partially dismissed the plaintiff’s claims for continued payment of remuneration. The reason given was that the medical certificate of incapacity for work had lost its evidentiary value. This was due to violations of the provisions of the German Incapacity for Work Directive (AURL). Specifically, it was alleged that one of the medical certificates of incapacity for work had been issued solely on the basis of a telephone contact, while another medical certificate stated that the plaintiff had been sick for more than two weeks. The plaintiff failed to provide any specific medical complaints or treatment measures to restore the validity of the medical certificates of incapacity for work.

Practical Advice

The decision of the LAG provides valuable information for the practical implementation of the BAG case law on the undermining of the evidentiary value of the medical certificates of incapacity for work. The following can be deduced from the judgment of the LAG of Lower Saxony:

The generally high evidentiary value can be undermined if the employer presents circumstances that cast doubt on the illness. This may be the case in particular if the medical certificate of incapacity for work was issued contrary to the requirements of the AURL:

• According to section 4 par. 5 AURL, the medical certificate of incapacity for work must be issued after an immediate examination. This can be done in the doctor’s office or via video consultation. Contact by phone alone does not usually meet these requirements.

• Failure to comply with the two-week period specified in Section 5 par. 5 AURL will generally result in the evidentiary value of the medical certificate of incapacity being invalidated.

If the evidentiary value of the medical certificate of incapacity for work is invalidated, the employee is required to present and prove specific facts about the illness. General statements are not sufficient. The employee must explain the specific effects of the alleged illness in a clear and understandable manner. This includes, for example, the complaints, their frequency and intensity, and the medication or behavioral measures prescribed by the doctor.

In conclusion, it should be noted that the medical certificate of incapacity for work may lose its high evidentiary value if the employer raises justified doubts, and the medical certificate of capacity for work does not meet the requirements of the AURL. In this case, the employee is obliged to provide detailed evidence of his or her health problems.

Photo: shutterstock / M. Schuppich