A teacher in North Rhine-Westphalia has been on sick leave on full pay since 2009. Now, at 62, she is to be retired, but is challenging this in court as fraud investigations run in parallel.
For years, the case of a teacher from North Rhine-Westphalia has been making headlines across Germany. The 62-year-old has been on long-term sick leavesince 2009, but throughout this period she has continued to receive her full salary as a civil servant teacher. She is now taking legal action against being forced into retirement – because that would mean she would only receive her pension in the future.
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Most recently, the teacher worked at a vocational college in Wesel. According to WDR and Spiegel, she submitted medical certificates over many years citing a psychological condition. An official medical assessment was not initially ordered. It was only this year that a public health officer concluded that a return to teaching within the next six months could not be expected.
The Düsseldorf district government then ordered at the end of May that the civil servant be placed into retirement. The 62-year-old has since filed a lawsuit against this decision with the Düsseldorf Administrative Court, the court has confirmed.
Until a ruling is made on the lawsuit, she will receive payments equivalent to her pension. According to the district government, any amount exceeding her pension entitlement are currently being withheld. If the teacher succeeds with her claim, these payments would have to be paid out retrospectively.
Suspected fraud and disciplinary proceedings
At the same time, the case is also occupying the law enforcement authorities. The Duisburg public prosecutor's office is investigating on suspicion of commercial fraud. There is suspicion that the teacher at least temporarilyfalsely claimed to be unfit for dutyand worked as an alternative health practitioner while on sick leave.
Back in March, investigators searched her home and seized documents and digital storage devices. According to Spiegel, potentially relevant evidence was found, which is currently being analysed. The investigations cover a period of four years, as any older alleged offences may now be time-barred.
Disciplinary proceedings are also under way against the teacher and against an employee of the Düsseldorf district government. He is accused of having failed for years to initiate a proper review of the alleged permanent incapacity for service.
The case has sparked a nationwide debate on checks on civil servants who are on long-term sick leave. North Rhine-Westphalia's education minister Dorothee Feller (CDU) described the events as "inexcusable" and "incomprehensible in its scale" as long ago as last year.