No Pay for Tattoo-Related Illness

A recent ruling by the Schleswig-Holstein Regional Labor Court has determined that individuals who experience complications following a tattoo procedure are not entitled to continued wage payment during their sick leave. This decision affirms a previous verdict from the Flensburg Labor Court.

The case involved a woman employed as a nursing assistant who developed an infection at the site of her new tattoo. After being diagnosed with this infection, she was unable to work and sought sick leave. However, her employer denied her request for continued salary payments during this period.

In court, the plaintiff argued that her claim was not for the act of getting the tattoo itself, but rather for the subsequent skin infection, which she contended was not her fault. She pointed out that the risk of developing an infection post-tattoo is relatively low, estimated between one to five percent.

Conversely, the employer maintained that the plaintiff had consented to a procedure that carried inherent risks, including the possibility of infection. Thus, they argued, the responsibility for any resulting illness should not fall on the employer.

The Regional Labor Court sided with the employer, asserting that while the plaintiff was indeed unable to work due to illness, she had effectively caused her own condition. The court noted that it was reasonable for her to anticipate potential complications such as an infection following the tattooing process. This was deemed a significant breach of her own health interests, as post-tattoo skin reactions are not uncommon.

The court made it clear that the plaintiff could not claim employer responsibility for issues arising from a voluntarily undertaken cosmetic procedure.

This ruling raises important questions about employer liability for employee health issues that stem from personal choices, particularly in the context of cosmetic procedures like tattoos. While the decision underscores the importance of individual responsibility in health-related matters, it also highlights the complexities employers face in managing employee health claims.