No pay after tattoo complication - LAG Schleswig-Holstein on continued remuneration

In May 2025, the Schleswig-Holstein Higher Labor Court (LAG) sent a clear signal: If a tattoo causes an infection and the employee is unable to work as a result, the entitlement to continued payment of wages no longer applies - because the inability to work is self-inflicted. Judgment of May 22, 2025 (Ref. 5 Sa 284 a/24).

Refusal of continued payment of remuneration for tattoo inflammation

A nursing assistant had her forearm tattooed. A few days later, an inflammation developed at the tattoo site, rendering her unable to work. The employer refused to continue to pay her wages, stating that the illness was caused by the tattoo itself. Both the Flensburg Labor Court and the Schleswig-Holstein Higher Labor Court upheld this view.

Judgment before the regional labor court

The court referred to Section 3 (1) sentence 1 of the Continued Remuneration Act (EFZG): Only in the case of illness through no fault of one's own is there an entitlement to continued payment of wages. The court found that inflammation after a tattoo - with a probability of occurrence of 1-5 % - is not a completely improbable risk. If the employee consciously takes this risk, this constitutes a gross violation of their own health care - and therefore „fault“ within the meaning of the law.

The LAG did not consider the inflammation to be separate from the tattoo, but as a possible consequence of it - and did not allow an appeal to the Federal Labor Court.

Significance for practice

For employees:

• Tattoos are considered a personal decision - but they involve risks. If you fall ill after getting a tattoo, you may lose your right to a salary.
• Planning: Aesthetic procedures such as tattoos, piercings or cosmetic surgery should ideally fall within the vacation period to avoid loss of wages.

For employers:

• The ruling strengthens your position: you can refuse continued payment of remuneration if an illness is due to interventions for which you are responsible.
• Recommendation: Make employees aware of these risks - e.g. via internal circulars, employee appraisals or company agreements. This creates clarity and prevents later disputes.