Drafting an absence protocol: cover yourself

An absence protocol regulates the agreements regarding reporting sick, contact, monitoring, and reintegration within your organization. While not legally required, it is indispensable in practice: without an absence protocol, the legal framework for consistent absence management is lacking, and wage sanctions may follow more quickly. Moreover, it helps employees know what to expect. Below are the details of what it should contain and how to draft it.

The short answer

• What: document with agreements regarding absence processes.
• Mandatory: not statutory, but standard of practice.
• Contents: reporting sick leave procedure, contact, company doctor, reintegration, sanctions.
• Update: annually or in the event of major legislative changes.

What is included in an absenteeism protocol?

The standard components:

• Sickness reporting procedure: how (telephone, email, portal), when (before 9:00 AM), to whom (supervisor).
• Availability during illness: available by phone for contact.
• Engagement of occupational health service/company doctor: timeframes, cooperation.
• Absenteeism conversations:frequency, purpose, documentation.
• Reintegration obligations: track 1 and 2, action plan.
• Vacation during illness: applying, accruing vacation days.
• Continued payment of wages: percentage per period of illness.
• Sanctions: for failure to cooperate with reintegration or falsely reporting sick.
• Privacy: handling of medical data (GDPR, only by company doctor).

Privacy and GDPR

The employer may not ask for medical details — that is reserved for the company doctor. However, the employer is allowed to know:

• That the employee is sick.
• Expected recovery moment.
• Restrictions for work.
• Availability for appointments.

The company doctor informs the employer in general terms, without a diagnosis. In case of doubt: the doctor's advice stands. For comprehensive GDPR rules regarding personnel: official warning and see the Compliance batch later.

Absenteeism interviews

Best practice:

• First contact within 24 hours of reporting sick.
• Absence interview after 1–2 weeks.
• If longer than 6 weeks: problem analysis by company doctor.
• Monthly evaluation during long illness.
• Written documentation — indispensable for any subsequent grounds for dismissal.

Sanctions for non-cooperation

The employee is obliged to cooperate with reintegration. In the event of refusal, the employer may:

• Suspend continued payment of wages (provided it is carefully documented).
• Issue an official warning.
• Apply wage freeze — see the Tax/HR batch.
• Ultimately, dismissal due to culpable conduct (ground e).

How do you draw up an absenteeism protocol?

1. Request a template from the occupational health and safety service: they often have practical models.
2. Adapt to your company: size, industry, collective labor agreement.
3. Legal review: by a legal expert or lawyer, especially for sensitive clauses.
4. Submission to staff: seek advice from the Works Council; for a larger number of employees, consent is required via the Works Council/Employee Participation Council (Art. 27 Works Councils Act).
5. Sign and distribute: include in employee handbook, intranet.
6. Review annually: update immediately in the event of legislative changes.

Honest recommendation

An absence protocol is not an administrative burden, but the foundation for consistent absence management. With absenteeism without a protocol: discussions, arbitrariness, and the risk of wage sanctions. With a protocol: predictable, legally defensible, and workable for both employer and employee. Invest a few hours in a good version — it pays off at the first difficult situation.

For the broader context: continued payment of wages during illness and reintegration.

Frequently Asked Questions