Teacher on Sick Leave for 16 Years Without Medical Examination

A teacher from North Rhine-Westphalia has reportedly been on sick leave for nearly 16 years without undergoing a mandatory medical examination. This unusual case has recently attracted significant media attention, raising questions about how such a situation could persist for so long.

According to reports, the teacher has not attended her duties at a vocational college in Wesel during her extended leave. The issue came to light earlier this year following a change in school leadership, which prompted an audit by the school supervisory authority. It was discovered that the teacher had consistently submitted medical certificates every four weeks but had not been assessed by an official medical examiner.

Legal expert Ralf Delgmann highlighted that, under normal circumstances, employers are required to consider a medical evaluation after three months of sick leave and must initiate one by the six-month mark at the latest. However, in this case, no such action was taken. The teacher continued to receive her full salary as a civil servant, raising further concerns about accountability in the management of public sector health-related absences.

Another layer of complexity has emerged with allegations that the teacher may have engaged in work as a practitioner in alternative medicine during her time off. Additionally, it has been suggested that she launched a medical startup while on sick leave. If these claims are substantiated, the teacher could face disciplinary actions. Delgmann pointed out that public servants must obtain approval for secondary employment, and working while on sick leave could indicate that her reported illness was not genuine.

The potential repercussions for the teacher are significant. If she is found to have violated regulations, her status as a civil servant could be revoked, resulting in the loss of her salary and pension benefits. Delgmann noted that while the case is extreme, similar situations do occur, indicating a broader issue within the civil service regarding the oversight of prolonged sick leave.

Delgmann further explained that in the realm of labor law, employees are generally entitled to sickness benefits from health insurance after six weeks of absence. In stark contrast, public servants receive their full salaries indefinitely unless they are formally placed on leave or retired with reduced benefits. This disparity could contribute to a lack of timely evaluations of extended sick leave cases, as there may be insufficient motivation to address them promptly.

The outcome of this particular case will hinge on the upcoming medical assessment. However, Delgmann anticipates that the teacher will likely not be required to refund any payments received during her leave. It would be exceedingly challenging for the medical examiner to provide evidence that she was not ill over the past 16 years.