Inquirying about the requirement for availability when unwell.

Employees generally enjoy the right to disconnect during their sick leave, but there are exceptions to this rule, particularly in cases of emergencies or urgent workplace matters.

According to Kathrin Schulze Zumkley, a specialist lawyer for employment law and a lecturer at both the Bar Association of Hamm and the German Law Academy, there are duties of loyalty to the employer that might apply outside of work hours. These duties could potentially require an employee to provide crucial passwords or important files while sick, if necessary.

However, the rule that employees are not required to be reachable by phone or take calls while they're sick applies generally. The necessity of a phone call depends on the specific business interest and the nature of the illness. For instance, a brief phone call might be necessary to clarify urgent tasks in one's absence.

One potential exception to the rule is the duty to help in an emergency that can only be resolved by contacting the sick employee. In such cases, the employee's assistance, if possible, might be necessary to resolve the emergency.

Kathrin Schulze Zumkley is a member of the executive committee of the Employment Law Working Group of the German Bar Association (DAV). She emphasises that these exceptions should be carefully considered and that employees should not be expected to work excessively during their sick leave.

It's crucial to note that these rules vary depending on the specific circumstances and the nature of the business. Employers and employees should communicate openly and agree on what is reasonable and necessary during sick leave.

In conclusion, while employees are generally not required to be reachable during their sick leave, exceptions can occur in cases of emergencies or urgent workplace matters. It's essential for both employers and employees to understand these exceptions and communicate effectively to ensure a harmonious working environment.