Employees who call in sick are not always confined to the house; depending on the illness, they may even be allowed holiday. Around ten per cent of employees in Germany occasionally call in sick, which can lead to dismissal without notice or criminal prosecution, for example for fraud.
However, employees must behave correctly while on sick leave and must not act in a way that is contrary to their recovery, as this can also lead to dismissal. An example: An employee called in sick due to flu but went to a party instead. The court upheld her dismissal without notice as she had faked her inability to work.
Another case concerns an employee who spent a holiday on Sylt while on sick leave due to mental stress. Although her employer expressed doubts about her inability to work, the court ruled that her behaviour was not contrary to recovery and that she was on the road to recovery.
In general, it is important that employees do not engage in risky or competitive activities while on sick leave. Behaviour on social media should also be viewed with caution, as misunderstandings can quickly lead to problems.
To summarise, while employees on sick leave do not have to stay at home all the time, they should make sure that their activities do not give the impression that they are not really ill.