Picture this – you're at your Monday morning meeting and can't help but notice an unusually high number of seats empty. Could it be a case of the winter flu making it's rounds or are people not actually unwell, and grasping onto their weekend relaxation for as long as possible? This scenario is increasingly common in today's workplace, where employees sometimes call in sick when they're not actually unwell. As a way to get to the bottom of it, employers want to visit their employees who call in sick. "Are they actually allowed to do that?" In short, yes, they are allowed – or at least they are allowed to try. However, employees are not obliged to let their employer into their property.

Why are employers visiting their sick employees?

Stories of dishonest sick calls are sweeping the media, and even Elon Musk wants to take a closer look at the matter. After an unusually high sickness rate in the summer months, on Fridays and during late shifts, Tesla leadership have resorted to home visits to verify truth and maintain workplace integrity.

The legal framework for addressing deceptive sick calls

Employers are suffering from disingenuous sick calls when work has to be cancelled, or extra tasks are loaded off onto the rest of a team. The cost of sick calls goes beyond financials and impacts trust, productivity and fosters a negative work culture.

The legal options for taking action against suspected cases are limited. Employers cannot take action against a sick note, as it would have to prove its probative value. However, this is only possible in exceptional cases.

It seems tempting to go and check for yourself whether your employee is actually ill, but employers have no right to visit an employee in their home - this is a protected area of privacy and is none of the employer's business. You are not barred from ringing the doorbell to enquire about their condition however but be prepared to expect a door to be slammed in your face or the lights to turn off with 'nobody home' (as expected to have been done by Tesla employees already!).

What can employers actually do to tackle fraudulent sick calls?

For the employees that are truthful with their sick calls, it can seem frustrating when your team members are insincere with their sick leave. As the workplace suffers a rise in such cases, the employer's need to do something about conspicuous sick notes is understandable and justified.

The good news is that employers have a number of options that can make an impression on 'slackers', and in turn deter others from taking misleading time out. These range from requesting a sick note from the first day of illness, checking sick notes for inconsistencies and taking steps to investigative the employee (such as those taken by Tesla whilst respecting privacy, of course).

Are there any suspected cases in your company? Annette Knoth and Anne Nolde, from our Labour and Employment team In Germany, are on hand to support with fraudulent sick calls and what you, as an employer, can do to tackle them.