Is it necessary for you to be on standby in case of illness?

In the realm of employment law, there are certain expectations placed on employees, even beyond their regular working hours. Kathrin Schulze Zumkley, a specialist lawyer for labor law and a member of the managing committee of the Employment Law Working Group of the German Bar Association (DAV), sheds light on this topic.

When not engaged in her role as a trainee lawyer, Kathrin specializes in patent law. However, her expertise in labor law has made her a sought-after voice in the industry. In addition to her work with the DAV, she is also a lecturer at the German Law Academy and the Hamm Bar Association.

The duty to help in an emergency, if possible, applies even outside of work hours. However, the boundaries can become blurred when it comes to sick employees. An emergency that can only be resolved by contacting the sick employee might require their help, but there are rules governing this.

Generally, employees are not obligated to be reachable by phone while sick. However, there can be exceptions where they might be required to help in an emergency. For instance, if the ability to continue work depends on the sick employee providing certain information or files, a brief phone call may be necessary to clarify urgent matters in their absence.

The necessity of such a call depends on the specific business interest and the nature of the illness. It's crucial to strike a balance between the employer's needs and the employee's health and wellbeing.

An employee might be asked to provide a crucial password or important file while on sick leave. However, it's essential to remember that employees have certain loyalty duties to the employer outside of work hours, but these duties should not encroach upon their personal time or health.

In conclusion, while there are rules regarding the reachability of employees when they're sick, and these rules can vary based on specific circumstances, it's important to approach such situations with sensitivity and understanding. Kathrin Schulze Zumkley's advice serves as a reminder that clear communication and a balanced approach are key in navigating these complex situations.