In November 2016, the German Federal Employment Court ruled that an employee is generally not obligated to attend an appraisal interview concerning further employment opportunities initiated by the employer during his/her sick leave. As part of the employment relationship and their obligation to work, employees are generally obligated to attend appraisals initiated by the employer during working hours. However, in case of sick leave, the employee is released from his/her obligation to work. Therefore, the employee is also not obligated to attend appraisal interviews initiated by the employer. An obligation is only possible in case of exceptional circumstances. A written warning based on the non-appearance for a staff appraisal scheduled by the employer during the employee’s sick leave is invalid and must be deleted from the employee’s personnel file.
Germany