Is an illness such as diabetes, rheumatism or depression private or do I have to disclose it at work? The question does not only have a legal level. What helps employees to make decisions.
One's own health is something highly personal, for good reason doctors are bound by confidentiality and there is no diagnosis on the sick note for the employer. Nevertheless, people with a chronic illness are often faced with the question: Should I reveal to my boss, my team leader, my colleagues that I am not healthy?
49 percent of all adults in Germany have chronic diseases, the Robert Koch Institute determined in its latest "Health in Germany" study. Rheumatism and diabetes are among them, depression, epilepsy, cardiovascular diseases or a constantly aching back. With good treatment, some hardly affect everyday life, with others the symptoms are obvious.
As different as the clinical pictures are, many of those affected are unsure whether they should talk about the fact that they are ill at work. They are afraid of being labeled as less efficient. Not being considered when interesting projects are coming up. Having fewer career opportunities. Looking bad in a team because of more sick days.
Employees are only obliged to openness in very few cases. "They only have to provide information about a chronic illness if the suitability for the job is severely impaired and the effects cannot be remedied by the use of aids," says Nathalie Oberthür, a specialist lawyer for labor law in Cologne. For example, if a roofer falls ill with epilepsy, he has to tell the boss - the risk of falling is too great.
Therefore, no general questions about health are allowed in the interview. If they are asked, "you can remain silent and lie," says Oberthür. Even a recruitment examination should only be about "determining suitability for the specific job," according to the chair of the Labor Law Committee of the German Lawyers' Association.
A cardiovascular disease is not relevant for a desk job in the office - and the question about it is therefore not permissible.
Nevertheless, there can be good reasons for dealing openly with a chronic illness. "The colleagues can then better classify certain situations," says Anette Wahl-Wachendorf, Vice President of the Association of German Company and Company Physicians.
The intestinal disease Crohn's disease, for example, forces those affected to go to the toilet with diarrhea in acute phases. This can lead to a lot of chatter among the team if no one knows the cause. Those who deal openly with their illness often experience much more understanding and accommodation than expected, says the doctor.
Those who do not address limitations also miss the opportunity to make their working life a little easier. The workplace can often be adapted with tools. For example, for a person suffering from rheumatism, with a height-adjustable desk or a headset for the telephone.
But there are also negative examples: Employees who are put in their way because of their illness at work, this is something employment lawyer Oberthür repeatedly encounters in her office: "Therefore, when asked whether you should disclose an illness, there is no general right answer Advice."
The project "Sag ich's?", developed by a team from the University of Cologne, can help with the consideration. The key point is an anonymous online self-test. He asks many questions - not about the specific illness, but about the conditions at work, possible restrictions, personal values: How does the company deal with illnesses in general? Does the supervisor listen and encourage? Is it good to ask others for help in a team? Do you need tools? How affected do you feel about your work?
In the evaluation, the participants receive a list of the points that speak for and against openness in matters of health in their respective situation. The online tool cannot make the decision for you, but as a reflection aid it should provide a basis for your own considerations.
Those affected also receive support from the works or staff council, trade unions, social organizations and self-help groups. The company doctor advises which aids can be useful and can also be consulted for discussions with the boss.
Occupational physician Wahl-Wachendorf recommends that the conversation be conducted “not between door and hinge, but always in a good conversational situation”. And: "Don't give all the details right away, but first address the topic more generally and see how the manager reacts".
Depending on the severity of the illness, it may also be worth considering applying for recognition of a severe disability. From a degree of disability of 50 percent, you are better protected against dismissal: it may only be pronounced if the integration office has also approved it.
"You don't have to disclose a severe disability to the employer," says employment lawyer Nathalie Oberthür: "But you can put the notice on the shelf just in case."
(This article was first published on Tuesday, October 18, 2022.)
