Court overturns online sick leave: What now applies to employees!

Court overturns online sick leave: What now applies to employees!

An important ruling is currently causing a stir and raising questions about the legality of sick leave. On September 5, 2025, the State Labor Court (LAG) Hamm decided with Ref. 14 SLa 145/25 that a sick note via an online provider without prior contact with a doctor is not legally valid. According to ms-aktuell.de, this online certificate is viewed as a deception because it does not meet the required evidentiary value. The earlier decision of the Dortmund Labor Court was therefore overturned.

In Germany, taking sick leave over the telephone is generally possible under certain conditions. However, general practitioners are only allowed to give known patients sick leave for up to five calendar days if the illness is minor. A medical judgment about the necessity of an examination is at the discretion of the doctor. The decisive criteria are that the patient is known to the practice and a video consultation is not possible for reasons such as lack of time. The Westphalia-Lippe Medical Association emphasizes that exclusive remote treatment is only permitted in individual cases.

The challenges for employers

Employers in North Rhine-Westphalia face challenges because sickness rates remain high. In 2024, the average sickness rate was 5.54 percent, which corresponds to around 20 days of absence per year. The most common causes of illness are respiratory diseases, psychological stress and problems with the musculoskeletal system. AOK NordWest reports a sickness rate of 7.2 percent in the first half of 2025 in Westphalia-Lippe.

In this context, employers should pay particular attention to keeping a close eye on downtime and the legal validity of certificates of incapacity for work. The IHK North Westphalia warns that the evidentiary value of a certificate can only be questioned in justified individual cases. This creates uncertainty, as the decision about sick leave depends heavily on the doctor's personal medical history, as haufe.de reports.

Conclusion: A rethink is required

The recent court rulings and the existing regulations regarding telephone sick leave are forcing both employees and employers to rethink their views and procedures. While a telephone sick note can provide relief in many cases, the evidentiary value of such certificates remains questionable. A good hand is certainly required to avoid legal uncertainties and possible negative consequences. In contrast, the digital age allows for more and more options, but it turns out that personal contact often cannot be replaced.