Can my employer terminate me when im in sick leave?

Tingkoyam

my employer wants me to work on Dec.24 und 31, but im sick, i have sick leave paper from the doctor from Dec.19 to Jan.6, and sent it to them yesterday,.my employer sent me a letter today Dec.21, that if i will not do the job on Dec.24 und 31 they will terminate me.
how can i work if im sick?. can they fired me?

MyHandicap User

Hello,

no due to German law he can not fire you while you are sick and your doctor testified this.

Maybe your boss or person who sent you the letter had not yet received your papers before decided and posted his?

Do you have problems at work, it looks like because he wants you to work both Holy Eve and New Years Eve? Or is it a company with only few workers?
Of course he can be annoyed and find another reason to get rid of you 🙁 but not when you are sick!


Merry Xmas.

Tingkoyam

Hallo,

Thank you for your reply,

the same day we fax my sick leave we called in the office if they got my sick leave paper and She said yes, then a day after i got the letter

im working in DIE HARKE am Sonntag, sometimes when the person working on Montag to Samtag is in vacation, am the one who is working from Montag to Sonntag, im not sure if they have many workers, probably not.

yes they wants me to work on both Holy Eve and New Years Eve,they are really annoying me, like on Dec.11 am in Vacation and they know that because they confirm it, and still they sent the Zeitung in our house for me to deliver. and then now again this.

on Dec.19 i was sent by emergency but now im at home but still not in good condition still a lot of check-up to do, January 3 , 5 , 6, 31.
our family Doctor issue me sick leave paper from Dec.19 to Jan.6 then he said we go back to him 1st week of January.


Merry Christmas and Happy New year

MyHandicap User

Hello again Tingkoyam,

just so I get everything right:
Originally you were supposed to work on 23rd and 30th of December, instead of 24th and 31st, which you refused. Now you are supposed to work on 24th and 31st and became ill.
I do believe you and I wish you all the best. But you must admit it looks a little bit strange for your employer.

Anyways, it is right that you are not allowed to be dismissed because you are ill.
But in most working contracts there is a condition nowadays so you may be dismissed while you are ill. As long as all the other legal regulations are considered.

As already stated in your other thread: For further information consult a specialized lawyer nearby with your actual working contract.

Again: All the best to you and get well, soon!

If you have any further questions, please do not hesitate to contact us again!

Tingkoyam

Hello Justin,

no, i supposed to work on Dec. 25 and Jan.1 (Sundays) and because its holiday, thats why they want me to work on 24 und 31 and i refuse to work because my contract says i only work on Sundays, anyway i already feeling bad on that time thats why i take my vacation on Nov.27,Dec.4,11,18 hoping that it will be ok but no it became worse . in my x ray result on Dec.19, my spine in the back is not straight and i have little broken bone in my body belt (beckengürtel), on Jan.5, 2017 i have appointment by the Orthopedic, after that they will decide what to do.
im distributing the 142 news paper with fliers by bicycle.

MyHandicap User

So all the best to you!

If you want to, you can keep us posted about your job situation.

Tingkoyam

Hallo Justin,

so far the result of my check up in Orthopedic, he recognize i have pain and sent me to MRT on Feb.9,
and other than that i have also heart problem as the Dr. said i have Mitralklappeninsuffizienz, 1 of my valves in the heart is not functioning properly. i have also Lungs infections, im still in sick leave, i have problem of breathing and still having the pain in my left leg and body belt..

about my job, they did not pay me, i dont know if here in Germany if its really like that, no pay for Urlaub and sick leave. they did not pay me for the month of December.

MyHandicap User

Hallo Tingkoyam,

I'm sorry to hear about your health issues and wish you all the best for this!

Usually you are paid when in sick leave or holiday. As already mentioned by me and our expert you should consult a specialized lawyer for employment law.