Your question is very precise and important. In Germany, an employer is not legally allowed to ask an employee about the nature or details of their illness when they are on sick leave (Krankschreibung). The employee’s medical privacy and health-related rights must be respected.
Detailed explanation:
Employee’s legal obligations:
In case of illness, the employee is only required to inform the employer that they are unable to work and to submit a medical certificate (Arbeitsunfähigkeitsbescheinigung/AU) if the absence exceeds 3 calendar days (or from the first day if the employer explicitly requires it).
The medical certificate does not state the diagnosis or details of the illness; it only confirms: “unfit for work from … to …”.
Employer’s rights:
The employer is entitled to know the expected duration of the absence and to receive the medical certificate.
However, they are not legally entitled to demand that you disclose the name of the illness or specific details of your health condition.
They may not ask about the type or cause of the illness, even if there is considerable suspicion.
If the employer doubts the authenticity of the sick note, they may only involve the Medical Service of the health insurance (Medizinischer Dienst) to review the case. Even then, the diagnosis remains confidential and is not disclosed to the employer.
Exceptions:
In certain highly sensitive or critical roles (for example, where contagious diseases could seriously endanger the health of other employees or customers), a company may impose general health requirements.
Nevertheless, even in such cases, the employer usually has no right to demand that you reveal your specific diagnosis, unless a special law or a clear order from health authorities explicitly requires this in an individual case.
Data protection and privacy:
Health information is subject to strict data protection rules, especially under the General Data Protection Regulation (DSGVO/GDPR).
A medical diagnosis is highly sensitive personal data and is confidential between you and your doctor.
Conclusion:
Your employer is not legally allowed to ask you about the details of your illness or the precise diagnosis.
You are only obliged to provide a medical certificate confirming your incapacity for work and the duration of your absence—nothing more.
If you experience pressure or unlawful questioning, you can politely refuse to answer and contact your trade union or a labour-law attorney.
The website’s editorial and writing team aims to provide accurate information based on thorough 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 in these articles as an initial reference and always consult the competent authorities for definitive and reliable information.
