A recent decision in the German Schleswig Holstein Regional Labour Court in May 2025 held that there should be no sick pay for a care assistant who developed a bacterial infection after getting a tattoo. Even with a doctor’s note, the court considered that a voluntary, non-medical act with a clear risk of infection (1–5 %), amounted to a serious breach of self-care duties.

Where Sick Pay Stops – Real Case Scenarios

Under German law, an employee is entitled to full pay for up to six weeks provided two conditions are met:

1. The employee is unable to perform their job because of an illness (a health disorder) and the incapacity is causally linked to it; and

2. The incapacity must not be the employee’s own fault (no intentional or grossly negligent self-endangerment).

In German courts, if incapacity is due to voluntary, non-medical choices or conduct a reasonable person would avoid, a claim for sick pay will not succeed. Here are some examples from German case law:

HR Reality Check: Working in the Dark

Sick notes in Germany do not state the cause of incapacity, and privacy law means HR cannot routinely ask the employee. What helps in practice?

• Clear communication: Explain in policies and onboarding when self-inflicted incapacity may block pay (with examples).
• Document patterns: Keep clear records of absences and look for any credible indicators of patterns of behaviour.
• Follow up on red flags: If there are substantiated doubts (conflicting information, repeated timing patterns), ask targeted questions.
• Train managers: Equip them to handle conversations neutrally and escalate only on concrete indications.