A job reference should always be formulated in such a way that it does not impede future job searches. What does this mean for possible absenteeism? May they be mentioned in the certificate?
If an employer mentions absences in the job reference, it quickly looks unfavorable for the employee who is leaving. In applications, for example, such a comment in the certificate could give the impression that the candidate is unreliable. But: Can information on absences be included in the certificate at all?
"Basically, the job reference should be benevolent and professional," says Peter Meyer, a specialist lawyer for labor law in Berlin. That's why the following also applies: If employees are absent without excuse during the course of their employment or are absent due to illness, "that doesn't belong in the job reference," says Meyer.
According to the specialist lawyer, there is a limit. And that's when it comes to significant, essential downtime. "That is then measured by the total duration of the employment relationship," says Meyer. For example, if an employee was employed for a total of four years, but was ill for a full two years, the employer should include this in the certificate. However, only in a neutral formulation such as "The employment relationship was interrupted from date X to date Y".
Something similar can also happen in the case of parental leave. "If there is a discrepancy between active work and parental leave, i.e. there is significant downtime, it is assumed that employees agree that this is mentioned in the job reference," says Meyer.
The idea behind this is that these absences in themselves do not represent a blemish for the employee. However, care should be taken to avoid giving the wrong impression of how much professional experience someone has actually gained during an employment relationship.
According to Meyer, such references to absenteeism are very rare and, like the reference letter as a whole, are usually agreed between the employee and the employer. It should also be considered that references are often good anyway, especially when employers want to avoid court disputes with employees who are leaving.
(This article was first published on Monday, December 19, 2022.)
