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.