In Germany, getting fired for being sick is not as simple as many fear—but it is legally possible in rare and specific situations. Known in legal terms as dismissal due to illness (personenbedingte Kündigung), this type of termination is only allowed under strict conditions and must be socially justified. If you’re dealing with a long-term medical issue or frequent short-term absences, it’s essential to understand your rights as an employee. This article explains when termination because of illness is legal in Germany, how courts assess such cases, and what you can do if you’re affected.
1. Can You Be Fired for Being Sick in Germany?
Yes—but only under very limited circumstances. German labor law generally protects employees during illness, and a medical condition does not automatically justify termination.
A dismissal due to illness is only permitted if:
✅ The employee has been repeatedly or continuously unable to work
✅ There is no positive prognosis for recovery
✅ The absences disrupt the business or burden the employer financially
✅ No reasonable alternative employment is possible
📌 Courts apply a strict three-step test (explained below) to determine whether termination is valid.
2. Legal Basis: Personal Grounds Termination
Dismissal because of illness falls under personal reasons (personenbedingte Kündigung) as defined in the Protection Against Dismissal Act (KSchG).
It is not a punishment or blame-based termination—but based on the employee’s ongoing inability to fulfill the employment contract due to health reasons.
3. The Three-Step Legal Test for Illness-Based Termination
German labor courts require employers to prove all three of the following:
✅ Step 1: Negative Health Prognosis
The illness must be long-term, chronic, or recurrent. A return to work must not be expected in the foreseeable future.
Examples:
- Multiple long-term sick leaves in recent years
- One continuous absence lasting 6+ months
- Repeated absences from the same condition (e.g. back issues, depression)
✅ Step 2: Operational Burden
The absence must cause a significant business impact, such as:
- Loss of productivity
- Costly temporary replacements
- Disruption to workflows
- Burden on colleagues
The employer must prove these effects.
✅ Step 3: Balancing of Interests
The employer must show that, after weighing both parties’ interests:
- Dismissal is reasonable and proportionate
- Continued employment is unreasonable
- There are no alternative roles or adjusted duties available
📌 The longer your tenure and the more social factors you bring (age, dependents, disability), the harder it is to justify dismissal.
4. Examples of (In)Valid Termination Because of Illness
| Scenario | Legal Outcome |
|---|---|
| Employee absent for 8 months, no return in sight | Possibly valid |
| Sick leave of 5 days, 3 times/year | Not valid |
| Frequent migraines with no diagnosis or prognosis | Not valid |
| Long-term absence, but work can be reorganized | Not valid |
| Chronic illness, no alternative role available | Possibly valid |
Each case is highly individual and subject to judicial review.
5. Special Protection Cases
Some employees are especially protected and cannot be dismissed due to illness without additional legal steps:
- Employees with severe disability: require approval from the Integration Office (Integrationsamt)
- Pregnant employees: cannot be dismissed at all
- Employees on parental leave: dismissal prohibited without authority approval
- Works council members: require special procedures
6. Is a Warning Required Before Illness Dismissal?
No. Unlike conduct-related terminations, warnings are not required for dismissal due to illness—because the illness is not considered a fault or violation.
However:
- The employer must offer reintegration measures (BEM – Betriebliches Eingliederungsmanagement)
- If the employer fails to explore alternatives, the dismissal may be invalid
📌 If you are repeatedly sick, your employer must discuss possible adjustments or support—not fire you immediately.
7. What to Do If You’re Fired for Being Sick
🧾 Step 1: Check the Termination Letter
Was it:
- Issued in writing?
- Signed by a company representative?
- Delivered to you formally?
If not, it may be procedurally invalid.
🧑⚖️ Step 2: File a Legal Claim
You have 3 weeks from receiving the letter to file a dismissal protection claim (Kündigungsschutzklage) at the labor court.
If successful, the court may:
- Invalidate the dismissal
- Order reinstatement
- Award severance (if agreed in court)
📋 Step 3: Gather Medical Documentation
Provide:
- Doctor’s certificates
- Medical prognosis reports
- Attendance records
- Evidence of employer’s failure to accommodate
📌 The burden of proof lies mainly with the employer, but employees should document everything.
8. Severance Pay in Illness-Related Dismissals
There is no automatic right to severance in Germany—but employers often offer it to avoid court cases.
Typical settlement formula:
0.5 × monthly salary × years of employment
Use our Severance Pay Calculator to estimate your payout.
💡 Note: Severance pay due to illness is generally taxable, but not subject to social insurance contributions.
9. Can You Resign During Long-Term Illness?
Yes—but only if:
- You feel unable to return to work
- You understand that this may affect unemployment benefits
- You notify the job agency (Agentur für Arbeit) promptly
📌 In some cases, resigning while sick can result in benefit suspension (Sperrzeit)—seek legal advice first.
10. Tips for Expats in Germany
- Check your health insurance coverage for long-term illness
- Understand your residence permit requirements if tied to your job
- Don’t assume you can be legally fired for being sick—challenge wrongful termination
- Consider legal expenses insurance to cover the cost of court (see our guide)
Conclusion
Dismissal due to illness in Germany is legal only under strict, well-documented conditions. Being fired for being sick is not automatic or easy for employers to justify—and many such dismissals are successfully challenged in court.
If you’ve been dismissed because of a health condition, act quickly. You only have 3 weeks to protect your rights, challenge the termination, or negotiate a fair severance. Whether you’re a German employee or an international professional, you are protected by the same laws—and have the right to defend your position.
