Contagious disease: What the employee must tell you?
Principle: No obligation to report the nature and cause of the illness
The employee is not legally obliged to provide information about the nature and cause of his illness. In principle, individual personal rights take precedence over employer interests here. This also applies if it is of interest to the employer for operational reasons to know how long the employee is expected to be absent from work. The employee may only have to release his doctors from their duty of confidentiality in the course of a lawsuit concerning a dismissal due to illness.
Coronavirus: Keep an eye on risks to third parties in case of suspicion
However, as a contractual partner of the employer, the employee is also obliged to protect and show consideration. If there is a risk that the illness may have serious consequences for third parties in the employment relationship (such as currently an infection of colleagues or customers with the coronavirus), the employee must therefore point this out. Only then can necessary protective measures or required examinations be initiated. However, in the case of infectious diseases that are usually not serious, such as scarlet fever, there should be no obligation to give notice as long as the employee stays away from the workplace while recovering. If the risk of infection is limited only to the employee's private environment (e.g., in the workplace), there is no obligation to inform the employer.B. HIV infection of an office worker), there is also no need to provide information.
Employment contract reporting obligation: Where do special regulations apply??
However, there may be further reporting obligations under the employment contract if the employee's workplace is associated with particular risks of infection (e.g. hospital, pharmaceutical production, catering). The decisive factor is always whether third parties were/are endangered in the past or in the future. Company regulations on such notifications in connection with sick leave are, according to § 87 para.