Teacher spends 16 years on sick leave, sues employer during her return

A teacher in Germany who has been on sick leave since 2009, while receiving a full salary, has sued her employer after being asked to undergo a medical examination to confirm her condition, the country’s media reported.

The unnamed teacher from Germany’s North Rhine-Westphalia  sued her employer after it began to challenge her unusually long absence from the workplace and asked her to undergo a medical examination.

The teacher had been on sick leave for 16 years, during which time she did not attend her duties at a vocational college in Wesel but continued to collect her full salary.

Under German law, teachers are classed as ‘beamte’ or public servants and enjoy certain privileges, including taking a full salary while on indefinite sick leave.

Only in this particular case, the woman’s employer recently asked for proof of her condition and requested she take a medical test.

According to German newspaper, Die Welt, teachers in North Rhine-Westphalia can earn up to €6,174 per month, which suggests the teacher earned around €72,000 per year, which, over 16 years, adds up to a whopping €1 million while on sick leave.

The unusual issue came to light following a change in school leadership. During an internal audit by the school supervisory authorities, it was discovered that she had been submitting medical certificates every month, but her condition had not been assessed by a medical examiner.

Instead of complying with the medical examination, the teacher sued her employer, but her case was rejected by a German court that described her situation as “truly incomprehensible”.

The court ruled that her employer has every right to belatedly ask for proof of illness and ordered her to cover the €2,500 legal fees.

Under German law, teachers on sick leave cannot be replaced, but this particular case has caused outrage on a national level, especially since the woman in question not only earned a full salary for 16 years without clocking in any time at work, but also allegedly launched a medical startup while on her extended sick leave.

This would count as a serious breach of regulations and the teacher risks losing her status as a civil servant as well as her salary and pension benefits.

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Legal expert, Ralf Delgmann, told The Munich Eye newspaper that the outcome of this unusual case hinges on the outcome of the medical examination, but he anticipates that the teacher will not have to refund any payments received during her 16-year sick leave, as it will be virtually impossible for any examiner to prove that she was not ill during that period.