Doctor refuses sick leave: Is he allowed to do so and what should he do??
Councellor health – Sick note physician refuses sick note: May he that?
In 2019, employees in Germany were on sick leave for an average of 10.9 working days. Photo: dpa/Patrick Pleul
Calling in sick is the right of every employee in Germany – provided you are really unfit for work. But what happens if the doctor refuses to ie the certificate of incapacity for work? Is he allowed to do that at all? We clarify.
In view of the tense Corona situation, sick leave for mild cold complaints will remain possible until the end of the year, even by telephone and without visiting a doctor's office. Because of the more easily transmissible delta virus variant and slowly advancing vaccinations, this should continue to help avoid contact and minimize the risk of infection, according to the Joint Federal Committee of physicians, health insurers and hospitals. Sick leave by phone is possible for up to seven days. Can also be extended by telephone for another seven calendar days. In order to do this, doctors must personally convince themselves of the patient's state of health by means of a "thorough telephone interview.
More and more sick leave in Germany
The medical incapacity for work certificate (AU) is ied in Germany annually millionfold, whereby the numbers in the past years rose strongly. This is related to the higher level of sick leave among employees in Germany. In 2019, employees in Germany were on sick leave for an average of 10.9 working days. In 2007, it stood at 8.1 days.
Doctor refuses sick leave: Is he allowed to do that??
Can a doctor refuse a patient's request for sick leave?? The answer is yes. A physician adheres to the medical professional code in the practice of his or her profession. This obliges it to take all measures on the basis of justified assessments and facts. A sick leave is considered to be such a medical measure.
Thus, it is possible for a doctor to conclude that a patient is ill, but not incapacitated as a result. In such cases, he refuses the certificate of incapacity for work for legal reasons.
What can a patient do?
If a doctor writes his patient off sick without a comprehensible reason, the employer and the patient's health insurance company can sue him for damages later on. Beyond that threaten the physician because of the unmedical behavior problems with the medical association.
However, it is the right of every patient to see another doctor and be examined again. The doctor in question may then have lost a patient.