No, an employer is not legally allowed to refuse the sick leave itself as long as you have notified them of your illness in due time and submitted a valid medical certificate (AU-Bescheinigung) (§ 5 EFZG).
Right to sick leave
Once you have informed your employer and provided the certificate confirming your incapacity for work, you have a legal right to stay away from work and focus on treatment. The employer cannot prevent you from taking this sick leave (merkur.de).
Refusal to continue wage payment (Entgeltfortzahlung)
What the employer may refuse is the continued wage payment during sickness if:
you did not inform them in time (§ 5 EFZG) or submitted the medical certificate late,
they have justified doubts about the validity of the certificate and can prove “circumstances that give rise to suspicion” (e.g. the employee is working in a hair salon despite being on sick leave); in such a case, the employer may request a second medical opinion or temporarily refuse payment until the employee proves the illness (Die Techniker).
Procedure in case of doubt
If the employer disputes the evidential value of the certificate, they must present indications of contradictions or serious suspicions. Otherwise, the court will usually order them to pay retroactively once the illness is proven (www.aktivkanzlei.de).
Summary:
You cannot be prevented from taking sick leave as long as you notify your employer in time and provide a valid medical certificate.
The employer may only temporarily refuse wage payment if you fail to comply with the notification requirements or if the certificate is proven to be forged or seriously doubtful.
The website’s editorial and writing team strives to provide accurate information based on extensive research and consultation of multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully verified. Therefore, please regard the information contained in these articles as an initial reference and always contact the competent authorities for definitive and reliable information.
