There has been some discussion in Germany recently over the question of sick pay entitlement, an employer's obligation to pay sick pay and the degree of control an employer has over the entitlement. This has been prompted by a new court ruling in Germany which looked at whether someone who is on sick leave due to complications arising from a tattoo is entitled to sick pay.
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:
Ink & Steel: Tattoos and Piercings
Elective, non-therapeutic skin injury: If an infection, allergic reaction, or other complication follows, courts treat it as self-inflicted.
Beauty by Choice: Cosmetic Surgery
Facelift, breast augmentation, liposuction - known medical risks (infection, wound-healing issues, anaesthesia after-effects): If the procedure is purely cosmetic (no medical reason), incapacity during normal post-operative recovery (swelling, pain, nausea) can be treated as self-inflicted.
Sports That Can Knockout Your Pay: High-Risk Athletics
Case law is not uniform. Some courts — notably in the late 1980s — classified kickboxing as intrinsically dangerous, but there is no modern consensus. Sports like football, skiing, amateur boxing, paragliding, motor-cross, or motorcycle/car racing are generally not dangerous per se, although fault can still be found if an employee:
- grossly violates safety rules, or
- participates at a level far beyond their abilities.
Break-Room Brawls: When Fights Hit the Wallet
If an employee provokes or starts a fight, courts typically assume the employee is at fault and deny sick pay. If an employee is drawn into a fight without provocation, they may still be entitled to sick pay, but scrutiny is high.
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
