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OVG NRW Upholds Order for Amtsärztliche Exam of Teacher After 15 Years on Sick Leave

The final ruling affirms the state’s power to require a capacity assessment despite prolonged employer inaction.

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Overview

  • The Higher Administrative Court in Münster confirmed that the Studienrätin must undergo an official medical examination, making the August 12 decision binding and not subject to appeal.
  • The court criticized the years-long inaction by the employer as not understandable yet ruled the authority to order an exam was not forfeited by delay.
  • The examination may include psychiatric and neurological evaluation because the teacher herself submitted attestations from a specialized neurology and psychiatry center.
  • The teacher’s arguments that the order was disproportionate and violated her personality rights were rejected by both the Düsseldorf administrative court and the OVG.
  • The Land NRW first ordered the exam in April 2025 to clarify serviceability after continuous sick leave since 2009, and the teacher must pay the legal costs reported at roughly €2,500.