Sick Leave (Sick Leave) in Germany
Legal definition
Sick leave (Arbeitsunfähigkeit) means that the employee is unable to perform their work due to illness or an unintentional accident. It represents an exception to the principle “no work – no pay”, based on the German Act on Continued Remuneration in the Event of Illness (Entgeltfortzahlungsgesetz – EFZG) (§ 3) (Gesetze im Internet).
Obligation to notify the employer (Anzeigepflicht)
Immediate notification: The employee must inform the employer on the first day of absence as soon as possible, either orally or in writing.
Scope of the notification: The information should include the starting date of the illness and an estimate of the expected duration of absence.
Late notification: A delayed notice does not automatically cancel the employee’s right to continued pay, but a deliberate violation of the duty to notify may lead to delays in payment or labour-related consequences (Wikipedia).
Medical certificate (Arbeitsunfähigkeitsbescheinigung)
Submission of a medical certificate: If the sick leave exceeds three calendar days, the employee must submit a medical certificate (Attest) from a doctor to the employer.
Since January 2023: The certificate is usually transmitted directly to the statutory health insurance fund (Krankenkasse), and the employer retrieves the data electronically from the health insurer (§ 5 para. 1a EFZG) (Wikipedia).
Deadline for submission: If the third day of absence falls on a non-working day, the certificate must be submitted on the next working day.
Entitlement to continued pay during sick leave (Entgeltfortzahlung)
Duration: The employer must continue to pay the employee’s full salary (gross) for up to six weeks (42 calendar days) per illness (§ 3 para. 1 EFZG) (Haufe.de News und Fachwissen).
Waiting period (Wartezeit): The employee is entitled to continued pay if they have been employed for at least four consecutive weeks (§ 3 para. 3 EFZG) (dbb.de).
Same illness occurring repeatedly: If the employee is repeatedly absent due to the same diagnosis within a calendar year, the periods of absence are added together until the maximum of six weeks of continued pay is reached.
After the six-week period expires
Start of sickness benefit (Krankengeld): Once the six-week period of continued pay by the employer has ended, the health insurance fund (Krankenkasse) pays Krankengeld at a rate of
70 % of the gross wage subject to contributions or
around 90 % of the net wage,
for up to 78 weeks within three years for the same illness.
The rules on a new waiting period (Wartezeit) for the same illness generally depend on whether more than six months have passed since the end of the last sickness benefit period and the employee has been able to work in the meantime.
Employee rights during illness
Protection of employment: The employer may not arbitrarily or discriminatorily dismiss the employee because of legitimately certified sick leave. In cases of long-term illness, special requirements and the provisions of the Protection against Dismissal Act (Kündigungsschutzgesetz – KSchG, in particular §§ 1 and 9) apply.
Continuation of social security contributions: During the employer’s period of continued pay, social security contributions (health, pension, unemployment, long-term care insurance) continue to be paid.
No work during sick leave: The employee may not take up another job or any competing activity that contradicts the recovery process during certified sick leave; otherwise they may lose the right to continued pay or sickness benefit.
Practical tips
Inform your employer immediately and transparently about your health condition and inability to work.
Submit your medical certificate on time to avoid interruptions in continued pay.
Keep copies of your pay slips (Gehaltsabrechnungen) to ensure that you receive your full entitlement.
Contact your Krankenkasse in good time when it becomes apparent that your illness will last longer than six weeks, to clarify the payment of sickness benefit (Krankengeld).
By following these steps, you can ensure continuous income protection during illness and safeguard your employment and social rights in the German labour market.
The editorial team of the website endeavours to provide accurate information based on intensive research and consultation of multiple sources. Nevertheless, errors or uncertainties may occur. Therefore, the information provided in this article should be regarded as an initial reference only, and you should always consult the relevant authorities for binding and up-to-date information.
