After 15 years: a teacher in North Rhine-Westphalia finally has to be examined by an official doctor!

After 15 years: a teacher in North Rhine-Westphalia finally has to be examined by an official doctor!

A particularly remarkable case from North Rhine-Westphalia is causing a stir: a teacher had been on sick leave since 2009 due to health problems and was therefore unable to work for over 15 years. Loud Mercury During this long period, the employer did not take any measures to check her fitness to serve. It was not until 2025 that the state of North Rhine-Westphalia requested an official medical examination, which should also include psychiatric assessments.

The Higher Administrative Court (OVG) Münster decided in this matter that the employer's right to order such an investigation does not expire even after years of waiting. This was justified by the public interest in a functioning administration. The high number of certificates submitted certifying the teacher's psychological problems justified the comprehensive examination of her fitness to serve.

Obligation to investigate and civil service law

In this specific case, the teacher had taken legal action against the order for the official medical examination. However, this complaint was rejected by the OVG Münster on August 12, 2025. The teacher, who had not worked in teaching since 2009, had criticized the employer's long inaction as disproportionate, but the court did not see any legal objections to the investigation in its decision. The Düsseldorf Administrative Court also supported this view by rejecting the teacher's application for a temporary exemption from the obligation to examine. Loud Beck It was also checked whether it would be possible to restore their ability to work within a reasonable period of time.

A central element of the discussion is civil service law, which is subject to certain rules. If there are doubts about their ability to serve, civil servants often have to undergo an official medical examination. The Page by RA Moos explains that not every prolonged illness automatically leads to incapacity for work. Depending on the circumstances, consideration may also be given to considering partial duty eligibility or alternative use. This is also evident in this case, in which a comprehensive assessment of the teacher's health situation was decided by the medical officer.

Public interest and financial aspects

The fact that civil servants, unlike employees in the private sector, receive their full salaries indefinitely also has an impact on society. There is a high level of public interest in clarifying incapacity cases like this, as these practices ultimately burden taxpayers. Refusal to submit to the examination puts officers at risk of mandatory retirement or disciplinary action. The judgment from Münster highlights the importance of fitness to serve in the public service and makes it clear that the authorities bear responsibility in such cases.

The teacher's case is not only an example of bureaucratic hurdles, but also raises fundamental questions about how long-term illnesses are dealt with in the public service. The discussion about this topic will certainly remain exciting in the future.