If considerable absence from work is expected in the future, an employee has a negative health prognosis. Termination due to illness then comes into consideration.

The Federal Labor Court (Bundesarbeitsgericht – BAG) anticipates that the implementation of occupational integration management (betriebliche Eingliederungsmanagement – bEM) is suggested and advertised prior to such measures. Although this is not mandatory, the BAG regularly doubts that termination is the last remaining option when bEM is not implemented.

bEM cannot be carried out without the consent of the employee. Therefore, the employee will be invited to take part in and carry out the bEM. This invitation is enormously important, especially if the employee does not respond to it or rejects bEM. The BAG provides specific requirements for such an invitation. The safeguarding of data privacy, for example, plays a central role, as well as other procedural requirements.

By Tobias Grambow & Sebastian Wypior