German Rulings Tighten Employer Deadlines on Harassment Leave and Sick Pay
18.06.2026 - 16:24:49 | boerse-global.de
Employees who call in sick immediately after a workplace conflict may now face stricter scrutiny from their employer. The Cologne Regional Labour Court (LAG Köln, case 7 SLa 54/25) has ruled that a doctor’s note can lose its evidentiary value if the sickness follows a dispute over shift schedules or a request to return company equipment. In such cases, the employer can refuse continued wage payments, and the worker must prove actual incapacity with concrete symptoms.
The ruling signals a shift in the burden of proof. Previously, a standard medical certificate was often taken at face value. Now, employers who spot a suspicious temporal link can challenge the entitlement to paid sick leave.
Termination clocks run during vacation
A parallel decision from Germany’s supreme labour court underscores how procedural timing can make or break a dismissal. The Bundesarbeitsgericht (BAG, case 2 AZR 55/25) found that an extra ordinary termination for sexual harassment became invalid because the employer delayed action while the employee was on holiday.
The employer learned of the allegations against a train conductor on 27 April 2023. Instead of contacting him during his leave, the company waited until his return on 22 May 2023, then fired him without notice. The court ruled that the two-week deadline under German law had expired. Vacation does not create a general prohibition on contact, the judges stated; employers must at least attempt to reach the worker. Only if clarifying the facts during the absence would have been impossible can waiting be justified.
Vacation 2026: minimum days and expiry warnings
For the current year, statutory minimums are unchanged: five-day-week workers get 20 days, six-day-week workers get 24. Young employees and those with severe disabilities are entitled to extra days.
Employers face a new obligation, however. Vacation claims expire only if the company has explicitly and in writing urged the employee to take time off and warned about potential forfeiture. Carrying holiday into the next year beyond 31 March remains possible only in cases of operational necessity or long illness.
Work from abroad: rules and risks
Working from a holiday destination – known as "workation" – continues to grow in popularity. Legal experts caution that data protection and employee reachability must be ensured even outside Germany. Stays of up to six months generally create no tax complications, but the public holidays of the actual location apply. Both sides should agree detailed terms in advance to avoid breaching employment obligations.
EU court opinion on posting and transfers
At the European level, the advocate general at the European Court of Justice (EuGH) issued an opinion on 11 June 2026 (case C-136/25) concerning temporary agency work. The key point: the maximum 18?month assignment period does not reset if a business transfer occurs on the hirer’s side during the posting.
Separately, the BAG clarified that the concept of an "establishment" for mass?dismissal rules must be interpreted under EU law. Collective agreements cannot override this when determining which local employment agency has jurisdiction. What matters is where the dismissals actually take effect.
