Am I allowed to leave work to see a doctor, and can my employer refuse?
Legal basis:
In principle, yes – you have the right to see a doctor during working hours if it is not possible to arrange the appointment outside your normal working time (for example: a specialist with very limited consulting hours, urgent examinations or an acute medical necessity).
German law (§ 616 BGB) and many employment and collective agreements allow for “Freistellung für Arztbesuch” – a temporary paid release from work to visit a doctor – without salary deduction in necessary cases, provided that the medical necessity can be demonstrated (for example by a confirmation issued by the doctor stating the time and medical need of the appointment).
Document everything and request written approval:
Submit a formal written request asking for time off to attend your doctor’s appointment.
Specify the date, time and type of appointment, and attach proof that the appointment must take place during working hours.
Ask your employer to respond in writing (e-mail or letter), so you have documentation.
Ask your doctor for an appointment confirmation:
Ask the practice to issue a simple confirmation stating
that you had an appointment at that specific time, and
that no appointment outside your working hours was available.
Contact the works council or your union:
If your employer continues to refuse despite your explanation and proof,
contact the Betriebsrat (works council), if there is one, or
your trade union (Gewerkschaft).
These bodies have the authority to protect your employment rights and can intervene with your employer on your behalf.
Do not simply stay away from work!
If you stay away from work without permission, it may be considered unexcused absence and can lead to a written warning (Abmahnung) or further disciplinary action.
Try instead to
reschedule the appointment if possible, or
find a mutually acceptable solution with your supervisor.
Emergency situations:
In acute medical emergencies, you have the right to leave immediately and go to a doctor or hospital.
You should inform your employer as soon as possible afterwards (by phone, e-mail, etc.).
“Nach § 616 BGB besteht Anspruch auf bezahlte Freistellung für Arztbesuche, wenn eine Behandlung während der Arbeitszeit aus medizinisch notwendigen Gründen unaufschiebbar ist.”
You may go to the doctor during working hours if the appointment is urgent or cannot reasonably be scheduled outside your working time.
Document your request, obtain a confirmation from your doctor and, if necessary, involve the works council or your union.
Do not stay away from work on your own initiative; except in medical emergencies, always try to reach an agreement with your employer first.
The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. However, errors may still occur or some details 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.
