Am I allowed to leave work to see a doctor – and can my employer refuse?

Legal basis:

In principle, yes – you do have the right to see a doctor during working hours if it is not reasonably possible to get an appointment outside your working time (for example: specialist doctors with limited hours, urgent examinations, or medically urgent treatment).

Under § 616 BGB and many employment or collective agreements, employees may be granted “Freistellung für Arztbesuch” (paid leave for a necessary doctor’s appointment) without loss of pay, provided that:

• the visit is medically necessary,

• the appointment cannot reasonably be scheduled outside working hours, and

• you can prove this if requested (e.g. a simple confirmation from the doctor).

What should you do if your employer refuses?

1. Document everything and ask for written approval

• Submit a formal request for time off to attend the doctor’s appointment.

• State the date, time and reason for the appointment and explain briefly that no alternative time outside working hours was available.

• Ask specifically for a written response (e-mail or letter) so you have documentation.

2. Ask your doctor for a written confirmation of the appointment

• Ask the practice to give you a short confirmation stating that:

  • you had an appointment at that specific time, and

  • an appointment outside your working hours was not available.

3. Contact the works council or your union

• If your employer continues to refuse without valid reason,

  • contact the Betriebsrat (works council), if there is one, or

  • your trade union (Gewerkschaft).

• They are there to protect your rights at work and can intervene or mediate with your employer.

4. Do NOT simply stay away from work without approval

• If you stay away from work without your employer’s consent, you risk:

  • a formal written warning (Abmahnung), or

  • in serious cases, even further disciplinary action or dismissal.

• Try first to reschedule the appointment or find an agreed solution with your employer whenever possible.

5. Emergencies are different

• In medical emergencies (for example, severe pain, suspicion of a serious illness), you may of course leave immediately and go to a doctor or hospital.

• In such cases, inform your employer as soon as reasonably possible afterwards – by phone, e-mail, or via relatives.

Legal wording you can quote

You can refer to the following sentence when writing to your employer:

“Nach § 616 BGB besteht Anspruch auf bezahlte Freistellung für Arztbesuche, wenn eine Behandlung während der Arbeitszeit aus medizinisch notwendigen Gründen unaufschiebbar ist.”

You can quote this sentence verbatim in an e-mail or letter to underline your legal position.

Summary

• Yes, you may see a doctor during working hours if the appointment is medically necessary and cannot reasonably be scheduled outside your working time.

• Document your request, ask for a written reply, and obtain confirmation from the doctor if needed.

• If your employer still refuses, seek help from the works council or your union.

• Do not simply stay away from work without approval – except in genuine emergencies, and then inform your employer as soon as possible.

The editorial team of this website aims to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or information may be incomplete or not yet fully confirmed. Please treat the information in this article as an initial point of reference and always consult the competent authorities and professionals for binding, up-to-date advice.