Can Your Employer Know Your Diagnosis?

Does the employer in Germany have the right to know your medical diagnosis? No, the employer does not. This is a firmly established legal principle in the German health system known as Schweigepflicht (medical confidentiality).

What can the doctor mention in the sick note (eAU or paper)?

• Patient’s name → Yes

• Duration of sick leave (from – to) → Yes

• Whether the certificate is retroactive → Yes

• Reason for illness or diagnosis → No

• Type of treatment or medical details → No

Why is this important?

• Protects you from discrimination or pressure due to your health condition

• Strengthens privacy, even in the workplace

• Ensures health information remains only between you, the doctor, and the health insurance company

Rare exceptions: In certain professions (such as security or aviation), a fitness examination (Tauglichkeitsuntersuchung) may be required. Even then:

• The diagnosis is not sent to the employer

• Only fitness for work is reported (e.g., “currently unable to perform work duties”)

Summary:

• Does the employer know the reason for your absence? → No, only the duration

• Can they request information from the doctor? → No, the doctor is bound by confidentiality

• Can illness affect your employment relationship? → Only in very long and legally complex cases