What should he do: should he call in sick?

Questioner

He has resigned from his current employer. He has been hired by a new employer. He is in his notice period with his old employer. Now yesterday his brother committed suicide. He is unresponsive and I foresee that this will take some time to .... What can he do to avoid ending up without an income? Should he report sick to his old employer? Is that possible? He has not worked at his new employer yet, so he cannot report sick there. What should he do to not end up without income? Q. Greetings

Lawyer

If he is ill, he must report sick. His old employer is then obliged to continue paying the salary (up to the statutory minimum) until the end date of the employment contract. However, he does have reintegration obligations. If he is still ill on the start date of the new employment contract (with the new employer), he will also have to report sick there. If a legally valid probationary period clause has been agreed, the new employer will be able to terminate the contract during the probationary period. This termination will then only not be legally valid if, for example, the illness is given as the reason, but of course the question is whether the new employer would do that. If dismissal were to follow during the probationary period, my advice would be to apply for benefits.