A teacher on sick leave for 15 years – and refuses to see a doctor
A teacher at a high school in North Rhine-Westphalia has been on sick leave for over 15 years while continuing to receive her full salary. After years of delay, the state finally demanded that she undergo a medical examination by a public health doctor, a decision she contested. The matter eventually reached the Higher Administrative Court (OVG) in North Rhine-Westphalia in the city of Münster.
The teacher, as a government employee, reported her illness for the first time in 2009, indicating that she was suffering from psychological problems. Medical reports have repeatedly renewed her leave over the years, and despite the unusually long absence, the state took no action for more than a decade. Instructions to conduct a medical evaluation to determine her long-term ability to work were not issued until April 2025.
The teacher objected to this decision and resorted to the judiciary. However, the Supreme Administrative Court rejected her appeal and issued a ruling requiring her to undergo a medical examination, despite the long period during which the state failed to intervene.
In its ruling, the court criticized the "years of inaction" on the part of the employer, describing it as "completely incomprehensible." However, it emphasized at the same time that the medical examination decision remains legal, and that the state has not lost its authority to demand this procedure.
The court also affirmed the dual responsibility of the state: on one hand, it must consider its employees by verifying their health eligibility to perform work, and on the other hand, it is obligated to protect the public interest and ensure that public employees do not receive full support without performing their job duties.