Caution, employee! Perfect diseases can be expensive!

Caution, employee! Perfect diseases can be expensive!

On July 3, 2025, the absenteeism report 2025 was presented, which was created by business research WIFO on behalf of the umbrella organization of the social security institutions (DVSV), the Austria Chamber of Commerce (WKÖ) and the Chamber of Labor (AK). The report shows that the average number of sick leave for dependent employees in Austria in 2024 is 15.1 calendar days and that the sick leave remains at a high level, although the tendency is slightly falling compared to the previous year. This data lag a light on the serious topic of pretending sick leave, which can have serious labor law consequences for employees. According to [Leadersnet] (https://www.leadersnet.at/news/89172.Vortaeuschung-von-krankenstaende-kann-fuer- worker-steuer.html), this can lead to a deadline.

The pretense of a sick leave is considered a clear violation of the work rules and is increasingly consistently pursued by employers. These often pursue suspected cases with the help of detectives or by evaluating social media content. However, the evidence for companies is often difficult because medical sick leave is regarded as sufficient evidence of incapacity to work. However, counter-evidence, for example through testimonies or social media contributions, rarely prove to be successful. In addition, companies have no legal entitlement to the inspection of medical diagnoses for displaced employees, which continues to complicate the situation.

legal consequences of pretense

If the misuse of the sick leave is informed, employers can not only reclaim the paid fee, but also claim claims for damages. This can also result in criminal consequences, since fraud is pursued according to § 146 StGB. A pretense of the sick leave is therefore a serious labor law violation that can be associated with drastic consequences, the WKO.

In addition, employers must carefully check the facts and secure evidence before taking labor law steps. Protocols, testimonies and potential images are crucial for possible legal proceedings. If you suspect misconduct, employers can send a written presentation to the health fund. This checks the circumstances of the sick leave, which often means that misunderstandings can be cleared.

prevention is the key

In order to prevent abuse, experts recommend an open culture of conversation as well as health -promoting measures and fair working conditions. However, it should be considered that not every sick leave can be seen as an attempt to deceive. The Workers' Chamber indicates that the topic of absenteeism and illnesses are also discussed on their new website that offers interactive services and computers.

With a precise look at the behavior during sick leave, it should be noted: misconduct that delays the recovery process can also lead to a notice without notice in certain situations, but the employer must prove that this was actually the case. A careful consideration before the statement of dismissal is therefore of essential importance. In the event of uncertainties, it is advisable to contact a labor law expert.