Assessing absence patterns
An absence rate is a business indicator, not a diagnosis. Seasonal infections, staff demographics, working conditions and random variation can all affect it. A high figure does not demonstrate misconduct or allow conclusions about any individual employee’s health.
Start with trends over a sufficiently long period. If particular tasks, departments or shifts stand out, examine whether there are work-related pressures that the employer can change. These may include heavy physical work, repetitive movements, poorly arranged shifts, understaffing or unclear workflows. A risk assessment remains mandatory under section 5 of the Occupational Safety and Health Act (ArbSchG), even where absence rates appear unremarkable.
Improving working conditions
Under sections 3 to 5 ArbSchG, employers must identify hazards, choose appropriate preventive measures and verify that the measures are effective. This includes workplace design, equipment, work organisation, working hours and psychosocial demands. Absence patterns can indicate areas worth examining, but they cannot replace a risk assessment.
Depending on the work, changes may involve ergonomic adjustments, suitable lifting aids, more reliable breaks, clearer workflows or better cooperation. Assessment of psychosocial demands looks at workload, autonomy, interruptions and management practices, not suspected mental illnesses of individual employees. See the article on psychosocial risk assessment.
Managers can contribute through realistic scheduling, clear responsibilities and appropriate responses to concerns. Leadership training may be one preventive measure. It is not, however, a stand-alone statutory duty independent of the risk assessment.
Return-to-work conversations and confidential advice
An informal conversation after an illness can help organise a return to work and identify whether workplace support would be useful. German law does not generally require a return-to-work interview after every absence. Such conversations also cannot replace the statutory BEM procedure.
Focus the conversation on practical workplace arrangements. Diagnoses and reasons for sickness absence should not be routinely requested or recorded. Even asking whether a person has health complaints can involve sensitive health data. Employees may be offered confidential advice from an occupational physician if they wish.
Occupational physicians are bound by medical confidentiality under section 8(1) of the Occupational Safety Experts Act (ASiG). The employer does not receive examination findings from a consultation. The physician may advise on protective measures without disclosing personal health information.
Distinguishing BEM from preventive medical care
Where an employee has been unfit for work for more than six weeks, continuously or repeatedly, within one year, section 167(2) of Book IX of the German Social Code (SGB IX) requires the employer to offer occupational reintegration management (BEM). This does not depend on a particular diagnosis or a recognised disability. The employee’s participation requires their agreement. The objectives and the type and extent of intended data processing must be explained in advance. The separate article on occupational reintegration management explains the procedure.
Occupational preventive care is separate. Section 5a of the Occupational Preventive Medicine Ordinance (ArbMedVV) requires employers, under the conditions laid down there, to enable care at the employee’s request. This may be appropriate when a worker suspects that working conditions are contributing to health problems. Medical consultations remain confidential. An elevated absence rate alone does not create a general duty to medically examine all employees.
Making appropriate use of occupational medical findings
Under section 3(1) ASiG, occupational physicians support employers by investigating causes of work-related illnesses and proposing preventive measures. Checking whether employees are justified in taking sick leave is expressly not part of their duties under section 3(3) ASiG. Section 6(4) ArbMedVV requires the physician to evaluate findings from preventive consultations and to recommend occupational health and safety measures where existing protection may be insufficient.
For organisational decisions, information about particular jobs, exposures or protective measures is most relevant. Diagnoses and individual medical findings must remain confidential. Any aggregated findings shared with the employer must avoid direct or indirect identification of employees, particularly in small teams.
Data protection in absence reporting
Employers may examine aggregate counts, duration and trends in sickness absence where this serves a legitimate and necessary employment or health and safety purpose. Depending on the data used, absence records can reveal information about health and may therefore require special protection. The principles in Articles 5 and 9 of the General Data Protection Regulation (GDPR) must be observed.
Departmental or shift comparisons must use groups and characteristics that do not permit the identification of individuals. There is no single universally safe minimum group size. In a small department, combinations of shift, team and prolonged absence can make a person identifiable. Pseudonymised individual data is not the same as anonymous data. A statistical pattern does not oblige employees to disclose a diagnosis or undergo an examination.
When setting up return-to-work policies, occupational health measures or technical reporting tools, employers must also check the works council’s co-determination rights, including section 87(1) nos. 1, 6 and 7 of the Works Constitution Act (BetrVG).
Reviewing the effect of measures
A manageable implementation process begins with clearly identified workplace pressures. The employer then sets out measures, responsibilities and a date to review progress. The occupational physician can advise on the medical and preventive aspects.
- Identify tasks with relevant pressures without labelling individual employees.
- Prefer changes to the working environment or processes over measures directed at personal behaviour alone.
- Record what was implemented and whether the changes were accepted and workable.
- Review whether the specific hazards have been reduced. Absence rates may be monitored as supporting context but should not be treated as the sole measure of success.
The aim is to preserve work ability and prevent work-related health risks. No particular reduction in sickness absence can be promised. Section 3(1) ArbSchG requires employers to review the effectiveness of occupational health and safety measures.