Why bosses can almost only behave wrongly

The first sick note was issued for two weeks. After the deadline expired, the extension followed. This time three weeks, which eventually turned into months. The return of the employee? Unknown. Like – an illness, a Burn-out is not going according to schedule. Does not take into account production deadlines, understaffed teams or challenging economic phases. And it can harden the fronts between those affected and their employers.

If an employee slides into burnout, it is actually clear: the person needs rest. Must be able to focus on recovery, undisturbed by work. And only think about the job again when your health permits. This is the “ideal case”, which often goes differently in practice Attorney Kristina Silberbauerwhich advises and represents exclusively in labor law.

Excruciating uncertainty

“The employee has a knowledge advantage,” explains Silberbauer. “He knows them Diagnoseis more likely to know what happens next.” The employer has no legal means of accessing this knowledge – they only find out via sick note whether it is an accident at work, sick leave or an occupational disease. And, if the doctor decides, the expected duration of the sick leave.

The employer would therefore never have to find out that work-related exhaustion exists. “In the end, it’s none of his business,” says Silberbauer. But that’s exactly the crux of the matter. “If you find out that it is a burnout, you can piece together from your life experience that it will take months,” says Silberbauer. You could redistribute tasks, look for replacements if necessary, lighten the load on the team and stop asking yourself: How long should I wait? “If you don’t find out anything, it’s unpleasant.”

And sometimes leads to the employer starting to contact the sick person. This is a sensitive area in terms of labor law.

Prohibited contact while on sick leave?

One is completely forbidden Contact us not on sick leave. However, it is only permitted in absolutely exceptional cases (such as the right not to be available while on vacation). Medical confirmations may also be requested at appropriate intervals (ideally if the previous one has already expired). According to Silberbauer, “absolute restraint” is appropriate in communication.

If the employer ignores this, it can be counterproductive Mark SeperHR professional and managing director of All-In HR Consulting. “It cannot be underestimated what kind of pressure the person concerned is under.” Most of the time they would have a guilty conscience about letting their team down anyway. Text messages, calls and emails could increase the feeling and delay recovery. “This is also an issue of planning and organization. The better organized you are as a company, the less likely you are to contact a person while they are on sick leave.”

Instead of applying pressure, Seper advises being generous. Ask the sick person for an approximate time frame of absence and suggest taking even more time. “Then as an employer you gain the necessary planning ability,” he says. “Once you get through the first month or two, it often doesn’t matter whether a person comes back after six months or a year.” One challenge that could remain, however, would be financial.

Long-term sick leave: A costly matter

A Long-term sick leave can be expensive for a company. Continued payment of wages (see box above) Depending on the length of the employment relationship, they must be performed for several weeks. The vacation entitlement continues as usual even if you are on sick leave and must therefore be set aside by the company in the balance sheets. In some collective agreements it is agreed that special payments (13th and 14th salaries) must be made, even if the person concerned already receives sick pay from social security.

“With every long-term illness there comes a moment when you want to know what’s going to happen next,” says Silberbauer. “Around a year later, when the continued payment of wages starts again and the vacation entitlement continues to increase.” From then on, things get tricky, she reports. “Because at some point the decision will have to be made whether we separate or not separate.”

And if you don’t break up: How is the successful one going? Reintegration?

Welcome back: with part-time reintegration

“The worst thing of all is when someone comes back and nothing has changed,” says Markus Seper. “Neither in the processes nor anywhere else. Then the person has no chance.”

He sees the one proposed by law as a sensible instrument Part-time reintegration“but it has to be used correctly.” It would be wrong to burden the person with the same tasks as before, only now in a shorter period of time, or to convey to the person concerned that everyone had to step in for them. Kristina Silberbauer therefore advises thinking about a package together when it comes to working hours and tasks.

“It is extremely important here how the manager communicates with the entire team,” adds Markus Seper. Another team member could quickly feel disadvantaged. He advocates open communication without violating the returnee’s privacy. And to convey to everyone: together we can do it.

Informative Links:

Why bosses can almost only behave wrongly

ByEditor

Excruciating uncertainty

Prohibited contact while on sick leave?

Long-term sick leave: A costly matter

Welcome back: with part-time reintegration

By Editor

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