Klartext Recht

Dismissal during sick leave: Is it allowed in Germany?

2026-05-07

Last updated: May 2026
Reading time: approx. 5 minutes

Legal Notice: This article is for general information purposes only and does not replace individual legal advice. For your specific case, we recommend consultation with a specialist lawyer for labor law.

Dismissal during sick leave: Is it allowed in Germany?

It is one of the most persistent myths in German labor law: "Whoever is on sick leave cannot be dismissed." Many employees feel safe from losing their job during a period of incapacity for work. However, the legal reality is different. Dismissal during sick leave is fundamentally possible in Germany, provided the employer meets the strict legal requirements.

The Widespread Misconception

Contrary to popular belief, a certificate of incapacity for work (AU) does not protect against receiving a dismissal. Protection against dismissal during an illness only means that the illness itself may only serve as a reason for dismissal within very narrow limits. However, the delivery of the dismissal letter is legally effective even if you are in bed with a fever.

The Legal Hurdles: When is a Dismissal Permissible?

In companies where the Protection Against Dismissal Act (KSchG) applies, the employer needs a socially justified reason. A distinction is made between different scenarios:

1. Dismissal During Illness (for other reasons)

The employer can dismiss you for operational or conduct-related reasons, even if you are currently sick. Illness does not pause the employer's right to dismiss.

2. Illness-Related Dismissal (because of the illness)

This is the most difficult form of dismissal for employers. For this to be effective, three stages must be met:

  • Negative Health Prognosis: It must be certain at the time of dismissal that further significant absences are to be expected in the future.
  • Significant Impairment of Operational Interests: The absences must lead to massive disruptions in operations or to an unreasonable financial burden.
  • Balancing of Interests: It must be checked whether continuing the employment relationship can still be expected of the employer.

Transparency and Fairness: The Role of § 307 BGB

Even though the topic of dismissal is often regulated via the Protection Against Dismissal Act, the principles of the German Civil Code (BGB) play a major role in the design of employment contracts. According to § 307 BGB, provisions in employment contracts are subject to content control.

  • Transparency Requirement: Clauses concerning notice periods or special regulations in the event of illness must be formulated clearly and understandably.
  • Unreasonable Disadvantage: A provision is invalid if it unreasonably disadvantages the employee contrary to the requirements of good faith.
  • Legal Certainty: If contractual dismissal rules violate essential basic ideas of the law, they may be void according to § 307 Para. 2 No. 1 BGB.

What Happens in Case of Illness During Vacation?

A relevant secondary issue is the topic of illness during vacation. If you fall ill during your approved recreational vacation and prove this with a medical certificate, the days of incapacity for work are not counted towards the annual leave. This is an important protective right for employees.

How to Protect Yourself from Formal Errors

A dismissal must not only be justified in terms of content but must also meet formal criteria. For example, dismissal via email, WhatsApp, or fax is absolutely invalid in Germany, as the written form (original signature on paper) is strictly required.

Technological Support

Jurivo (Legal Jargons) helps you to check documents for their legality:

  • Deadline Analysis: Does the period stated in the dismissal letter comply with the statutory requirements of § 622 BGB?
  • Clause Check: Does your contract contain non-transparent regulations on dismissal in the event of illness according to § 307 BGB?
  • Risk Classification: Receive immediate indications of whether formal requirements for an effective dismissal might be missing.

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Conclusion: Fast Action is Required

In the event of a dismissal, the clock is ticking. Anyone who wants to take action against a dismissal must generally file a lawsuit with the labor court within three weeks of receipt. Use modern tools to gain immediate clarity about your situation.

Disclaimer: This article is for information purposes and is based on the regulations of the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It does not constitute legal advice. In the event of a dismissal, you should contact a specialized lawyer immediately.