BAG: No dismissal without proper reintegration

The Federal Labor Court ruled that employers cannot dismiss employees for frequent sick leave without first conducting a proper occupational reintegration management (bEM) process. The case involved an employee with repeated absences who was fired after the employer failed to prove delivery of a bEM invitation.

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Ruling protects job despite illness

The Federal Labor Court decided on May 7, 2026 (case no. 2 AZR 184/25) that an employer cannot dismiss an employee for frequent sick leave without first conducting a proper occupational reintegration management (bEM) process. This means if you’ve been absent due to illness for more than six weeks in a year, your employer must attempt to reintegrate you before considering termination.

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Why the court intervened

The employer failed to prove it had properly invited the employee to a bEM meeting. German law requires employers to explore alternatives to dismissal, such as workplace adjustments or rehabilitation, before firing someone for health-related absences. The court found the employer didn’t meet this obligation because it couldn’t show the employee received the final bEM invitation.

What happened in this case

The employee had been absent for more than six weeks in three consecutive years due to various illnesses. The employer sent multiple bEM invitations, but the employee only responded to one. After another period of absence, the employer sent a final invitation via registered mail, which the employee claimed never to have received. The employer then terminated the employment, arguing the absences disrupted operations and incurred high sick pay costs.