Incapacity to work

The concept of incapacity under civil service law includes, on the one hand, absence from work due to illness (§ 62 LBG NRW) as temporary incapacity and, on the other hand, permanent incapacity.

Temporary incapacity

You are obliged to report as soon as possible, i.e. as a rule on the first day of illness, to the office responsible in your area and also to the personnel department (subject area 4.3) and to inform them that you are ill and how long the incapacity to work (in the case of civil servants) is expected to last.

Additional information on rights and obligations in the event of illness can be found here.

Permanent incapacity

If civil servants (for life) are permanently unable to perform their duties (incapacitated) due to their physical condition or for health reasons, they must be retired (Section 26 of the Civil Servant Status Act (BeamtstG)). A person may also be considered unfit for service if, as a result of illness, he or she has not performed his or her duties for more than three months within a period of six months and there is no prospect of his or her full fitness for service being restored within six months. A person who is otherwise fit for service shall not be retired.

If there is any doubt about the civil servant's incapacity, he or she shall be obliged to be examined by a doctor from the lower health authority in accordance with the instructions of his or her superior and, if a doctor from the lower health authority deems it necessary, to be observed.

Retirement on the grounds of incapacity for work only comes into effect if various other measures, such as alternative employment, have not been possible. It is carried out with the participation of the civil servant and the responsible committees.

Retirement due to incapacity should be waived if the civil servant can still perform his or her duties for at least half of the regular working hours while retaining the assigned office (limited service capability, § 27 BeamtStG).

The civil servant also has the option of applying for retirement on the grounds of incapacity. If the civil servant applies for retirement under the first sentence of Section 26(1) of the Civil Servant Status Act, the superior authority shall declare, after obtaining an official opinion from the lower health authority, whether it considers the civil servant to be permanently incapable of performing his or her official duties.

The employer, i.e. the University of Paderborn, is responsible for the procedure. The LBV NRW is responsible for determining the pension. You also supply.

The possibility of reactivation from retirement is possible if the requirements are met.

If you have any questions regarding your remuneration notification, please contact the department 4.2.