As a general rule, an employee on sick leave should not do anything that could hinder the healing process. This becomes clearer when you focus not on the colloquial term “on sick leave,” but on the official designation “unable to work.” Just because an employee is unable to perform their primary job due to health reasons does not mean they must completely restrict their private or secondary activities.
For example, spending an evening with friends does not hinder the recovery from mental health conditions; on the contrary, it can actually help. The same applies to exercise: light exercise or walks that help you return to work pain-free are permitted. Employees who are reported as“unable to work”can also easily take short trips that aren’t strenuous. Accordingly, several labor courts have ruled in favor of employees whose employers had terminated their employment due to allegedly unauthorized activities while on sick leave.
What should I absolutely avoid doing while on sick leave?
However, clear limits are set when activities interfere with recovery. For example, it’s not advisable to be on sick leave for physical reasons and play soccer at the same time. Employees on sick leave should also avoid partying all night and drinking excessive amounts of alcohol during their time off.
Going to the movies or a restaurant with a broken arm is acceptable if the person doesn’t have to stay in bed. However, anyone on sick leave due to the flu or a gastrointestinal infection should stay home.
Anyone who is unsure about what they are and aren’t allowed to do while on sick leave should consult their doctor. The doctor can certify which activities are conducive to recovery. If an employee does something that hinders the healing process, this can have consequences under labor law: If this delays the date on which they could return to work, the employer is no longer obligated to continue paying their wages. In the worst case, this could even lead to termination.
How does IG Metall support its members?
In the event of disputes, metalworkers can contact their local IG Metall chapter at any time to receive legal advice.
