The Certificate of incapacity for work<\/strong> (AU) is a central instrument in everyday working life. It serves as proof that an employee unable to work due to illness<\/strong> is. For employers, however, the question arises time and again: Is an AU certificate unassailable - or can you doubt it?<\/strong><\/p>\n\n\n\n The answer is differentiated. In principle, the AU has a high evidential value - but this can be shaken under certain circumstances.<\/p>\n\n\n\n The AU certificate is the basis for the entitlement to Continued payment of remuneration in the event of illness<\/strong>. It is highly valued in court and is initially regarded as proof that an incapacity for work actually exists.<\/p>\n\n\n\n For employers, this means<\/p>\n\n\n\n Without shaken<\/strong> In terms of the value of evidence, a refusal to continue to pay remuneration is legally risky.<\/p>\n\n\n\n The sick note confirms that an employee is unable to carry out his or her contractual work due to health restrictions.<\/p>\n\n\n\n The important thing is:<\/p>\n\n\n\n The hurdle for doubt is therefore deliberately set high.<\/p>\n\n\n\n The probative value of an AU can be shaken if specific circumstances exist<\/strong>, that cast doubt on the actual incapacity to work.<\/p>\n\n\n\n Typical constellations are<\/p>\n\n\n\n The decisive factor is always Overall assessment of the individual case<\/strong>.<\/p>\n\n\n\n If the probative value is shaken, employers have various options:<\/p>\n\n\n\n The employer may initially withhold continued payment of remuneration if there are justified doubts.<\/p>\n\n\n\n The health insurance fund may request a review by the Medical service<\/strong> be requested in accordance with \u00a7 275 Para. 1 No. 3SGB V.<\/p>\n\n\n\n Employers can check the facts internally, for example by documenting anomalies or talking to the employee.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Despite justified doubts Clear boundaries<\/strong> to note:<\/p>\n\n\n\n Unauthorised measures may themselves have legal consequences.<\/p>\n\n\n\n A structured approach to sickness notifications helps to minimise risks.<\/p>\n\n\n\n Recommended are:<\/p>\n\n\n\n Consistent and legally compliant handling of sickness certificates creates transparency and reduces the potential for conflict.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n If you have any questions on this or other topics, please contact us - we will be happy to advise you.<\/p>\n\n\n\nTo the contact form<\/a>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":" Evidential value of the certificate of incapacity for work: when employers may have doubts and how to act correctly The certificate of incapacity for work is a key instrument in everyday working life. It serves as proof that an employee is unable to work due to illness. For employers, however, the question arises time and again: Is a certificate of incapacity for work unassailable - or can it be doubted? The answer is differentiated. In principle, the AU ... Read more<\/a><\/p>","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none","_seopress_titles_title":"Beweiswert der AU: Wann Arbeitgeber zweifeln d\u00fcrfen und richtig handeln","_seopress_titles_desc":"Wann darf der Beweiswert einer AU-Bescheinigung angezweifelt werden? Erfahren Sie, welche Rechte Arbeitgeber haben und wie sie rechtssicher reagieren.","_seopress_robots_index":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-97264","post","type-post","status-publish","format-standard","hentry","category-expertenblog","infinite-scroll-item","masonry-post","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-33","no-featured-image-padding"],"_links":{"self":[{"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/posts\/97264","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/comments?post=97264"}],"version-history":[{"count":0,"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/posts\/97264\/revisions"}],"wp:attachment":[{"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/media?parent=97264"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/categories?post=97264"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/spectrelegal.de\/en\/wp-json\/wp\/v2\/tags?post=97264"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Why is the evidential value of the AU so important?<\/h2>\n\n\n\n
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Significance of the AU certificate<\/h2>\n\n\n\n
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Why can the probative value be shaken?<\/h2>\n\n\n\n
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What are employers allowed to do then?<\/h2>\n\n\n\n
Refuse continued payment of remuneration<\/strong><\/h3>\n\n\n\n
Involvement of the medical service<\/strong><\/h3>\n\n\n\n
Clarification in individual cases<\/strong><\/h3>\n\n\n\n
Warning and, if necessary, extraordinary termination<\/strong><\/h3>\n\n\n\n
What are employers not allowed to do?<\/h2>\n\n\n\n
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Practical tip: How to make the AU process in the company resilient<\/h2>\n\n\n\n
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Conclusion<\/strong><\/h2>\n\n\n\n