Evidential value of the AU: When employers may doubt and how to act correctly
The Certificate of incapacity for work (AU) is a central instrument in everyday working life. It serves as proof that an employee unable to work due to illness is. For employers, however, the question arises time and again: Is an AU certificate unassailable - or can you doubt it?
The answer is differentiated. In principle, the AU has a high evidential value - but this can be shaken under certain circumstances.
Why is the evidential value of the AU so important?
The AU certificate is the basis for the entitlement to Continued payment of remuneration in the event of illness. It is highly valued in court and is initially regarded as proof that an incapacity for work actually exists.
For employers, this means
- You must always assume that the AU is correct
- An independent medical assessment is not possible
- Doubts must be concrete shaken and justified be
Without shaken In terms of the value of evidence, a refusal to continue to pay remuneration is legally risky.
Significance of the AU certificate
The sick note confirms that an employee is unable to carry out his or her contractual work due to health restrictions.
The important thing is:
- The AU is a medical certificate, not a mere indication
- It establishes a actual presumption for incapacity for work
- Employers can only overcome this presumption under certain conditions shake
The hurdle for doubt is therefore deliberately set high.
Why can the probative value be shaken?
The probative value of an AU can be shaken if specific circumstances exist, that cast doubt on the actual incapacity to work.
Typical constellations are
- AU after previous cancellation
- AU precisely for the period of a Cancellation period
- Repeated illnesses immediately after Conflicts or holiday refusals
- Contradictory behaviour (e.g. physically strenuous activities despite certified illness)
- Conspicuous accumulation of short-term illnesses
- Backdating of sick leave of more than two days without comprehensible medical reasons
- Collective sick notes for several employees
The decisive factor is always Overall assessment of the individual case.
What are employers allowed to do then?
If the probative value is shaken, employers have various options:
Refuse continued payment of remuneration
The employer may initially withhold continued payment of remuneration if there are justified doubts.
Involvement of the medical service
The health insurance fund may request a review by the Medical service be requested in accordance with § 275 Para. 1 No. 3SGB V.
Clarification in individual cases
Employers can check the facts internally, for example by documenting anomalies or talking to the employee.
Warning and, if necessary, extraordinary termination
In the event of proven misuse or deception regarding incapacity for work, the employer can issue a warning and - in the event of serious breaches of duty - also consider a behavioural or extraordinary termination in accordance with Section 626 BGB.
What are employers not allowed to do?
Despite justified doubts Clear boundaries to note:
- No independent medical evaluation
- No unauthorised monitoring measures
- No blanket rejection of AU certificates
- No hasty labour law sanctions without a reliable basis
Unauthorised measures may themselves have legal consequences.
Practical tip: How to make the AU process in the company resilient
A structured approach to sickness notifications helps to minimise risks.
Recommended are:
- Clear internal processes for Notification and documentation of cases of illness
- Sensitisation of managers for eye-catching patterns
- Standardised handling of doubtful cases
- Early examination under labour law in the event of anomalies
Consistent and legally compliant handling of sickness certificates creates transparency and reduces the potential for conflict.
Conclusion
The sickness certificate has a high evidential value - but is not unassailable. Employers are allowed to have doubts if specific circumstances exist, but must proceed in a legally secure and structured manner.
If you have any questions on this or other topics, please contact us - we will be happy to advise you.
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