Resignation on medical advice - risks and tips

Dismissal on medical advice occurs when a doctor recommends that you terminate your current employment relationship due to health impairments. This may be the case if the working conditions have a negative impact on your health and it seems unreasonable to continue working. A medical certificate documenting this recommendation serves as proof to the employer and the employment agency.

If you resign from your job, you may be subject to a period of ineligibility for unemployment benefit, as you have caused the unemployment yourself. This blocking period is usually up to twelve weeks. To avoid this, you must provide evidence of an "important reason" for your dismissal, such as significant health problems caused by your work.

To avoid a blocking period, you should take the following steps:

• Obtain medical documentation: Ask your doctor to issue you with a detailed certificate that clearly states the health reasons for your dismissal and confirms that continuing your job would endanger your health.


• Prior consultation with the employment agency: Before giving notice, contact the employment agency, describe your situation and present the medical certificate. This can help to avoid misunderstandings and substantiate the necessity of the dismissal.


• Proof of unsuccessful alternatives: Document that you have tried to improve the working conditions or to obtain a transfer and that these efforts have been unsuccessful.

Before you cancel, you should consider the following alternatives:

• Discussion with the employer: Seek a meeting to discuss possible adjustments to working conditions or a transfer.


• Submit a risk report: Report in writing any circumstances at the workplace that are hazardous to your health. The employer is obliged to respond and take remedial action.


• Involve the works council: If problems arise, the works council can act as a mediator and offer support.

• Careful documentation: Collect all relevant documents, such as medical certificates, correspondence with the employer and minutes of interviews.


• Obtain legal advice: A specialist lawyer for employment law can advise and support you individually in order to avoid legal pitfalls.


• Observe deadlines: Observe the contractually or legally stipulated notice periods to avoid negative consequences.

Resigning on medical advice is a significant step with far-reaching consequences. It is therefore essential to obtain comprehensive information, examine all options and seek professional advice in order to make the best possible decision for your health and professional future.