Is it required that you be reachable in instances of illness?

In the realm of employment, the rights and duties of an employee who is unwell and unable to work can be a complex issue. According to Kathrin Schulze Zumkley, a specialist lawyer for labor law, these matters are influenced by the specific business interest and nature of the illness.

Generally, an employee is not required to be reachable by phone or take calls while sick. However, in certain situations, a brief phone call might be necessary to clarify urgent matters. The necessity of such a call depends on the specific business interest and the nature of the illness in question.

An emergency that can only be resolved by contacting the sick employee could be a potential exception to the rule of non-reachability. For instance, if there's an emergency that requires the employee's expertise, they might have a duty to help, provided it's possible.

However, outside of work hours, there are duties to the employer that still apply. These duties can sometimes require assistance even when an employee is sick. Kathrin Schulze Zumkley, a member of the managing committee of the Working Group on Labor Law in the German Bar Association (DAV), and a lecturer at the German Lawyers' Academy and the Hamm Bar Association, has not specified any exceptions to the rule of non-reachability for personal emergencies.

In some cases, an employee might be asked to provide crucial information or files while sick to ensure work continuity. This could be particularly relevant in situations where the employee's absence could significantly impact the business. However, it is not mentioned that an employee might be required to provide such information or files beyond the necessity of a brief phone call to clarify urgent matters.

A sick person is usually not obligated to be reachable if they are unable to work due to illness and have promptly notified their employer. However, if the employer requires it, the employee must comply with medical examinations or provide proof of their incapacity. Failure to do so could potentially risk losing wage claims.

In conclusion, the rights and duties of an employee during sick leave are nuanced and depend on various factors. It is essential for both employers and employees to understand these complexities to maintain a fair and productive working environment.