“`html
Can You Be Fired While sick or on Vacation in Germany?
The question of whether an employer can terminate an employee’s contract during illness or vacation is a common concern in Germany. While German law doesn’t automatically protect employees from termination due to illness or vacation, there are notable limitations and protections in place. This article clarifies the rules surrounding termination during these periods,as of February 2026.
General Rules: Illness and Vacation Don’t Guarantee Job Security
Generally, a period of illness or scheduled vacation does not, in itself, shield an employee from termination in Germany. An employer can initiate a termination during these times. However, the termination must adhere to all standard legal requirements, and crucially, it cannot be sittenwidrig (contrary to public policy or good morals).
when is a Termination During Illness or Vacation Illegal?
A termination is unlawful if it violates principles of good faith or public policy.Here are key scenarios:
Grossly Unfair Circumstances
Terminating an employee while they are severely ill and demonstrably vulnerable is generally considered unacceptable. For example, serving a termination notice to an employee while they are hospitalized after a serious accident, or during a critical stage of treatment, is likely to be deemed sittenwidrig.Similarly, delivering a notice on a significant personal occasion, like Christmas Eve, could be challenged.
Illness as the Reason for Termination
It is illegal to terminate an employee because of their illness. However, an employer can terminate an employee due to illness-related absence if certain conditions are met (see section below).
Termination Due to Frequent Illness: The Key Requirements
Terminating an employee due to frequent illness is possible, but requires a high legal threshold. The employer must demonstrate:
- Negative Prognosis: A reasonable expectation that the employee’s frequent absences will continue. This requires medical evidence and a careful assessment of the employee’s health situation.
- Significant Business Impact: The predicted absences will substantially disrupt the employer’s operations or economic interests. Minor inconveniences are not sufficient.
- Balancing of interests: A thorough weighing of the employer’s interests against the employee’s need for job security. This includes considering alternative solutions,such as modified work arrangements.
The Federal Labor Court (Bundesarbeitsgericht) has consistently emphasized the high burden of proof on the employer in these cases. Simply having a high rate of sick leave is not enough.
Vacation and Termination
Terminating an employee while on vacation is legally permissible, but the employer must consider the employee’s right to enjoy their vacation undisturbed. The notice period begins to run even during vacation, but the vacation period itself should ideally be allowed to complete without interruption, unless there are compelling business reasons to terminate immediately. The employee is entitled to their full vacation pay, even if the employment ends during the vacation period.
Protection Against Unfair Dismissal
Employees in Germany are protected by the Protection Against Dismissal Act (Kündigungsschutzgesetz – KSchG), which applies to companies with more than 10 employees. This law requires a “social justification” for termination,meaning the termination must be
Related reading