Title:
Your Rights and New Updates That Make the Process Easier
Introduction
When an employee feels ill and is no longer able to continue working, they are entitled to sick leave (Krankschreibung). Labour law in Germany guarantees employees certain rights during periods of illness, but they must follow specific procedures in order to comply with legal requirements. In this article, we explain everything you need to know about sick leave, how to obtain a medical certificate (Arbeitsunfähigkeitsbescheinigung), and what has changed in the system.
When must the employer be informed?
As soon as you feel sick and unable to work, you must inform your employer at the start of the first day of illness.
You can inform them by phone, e-mail or text message.
You are not obliged to disclose details of your illness or diagnosis. However, if possible, it can be helpful to give an estimate of how long you are likely to be absent.
Obtaining a medical certificate (Arbeitsunfähigkeitsbescheinigung)
Due to recent updates, obtaining a medical certificate (AU) has become easier and more flexible:
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From the first day of illness:
The employer may demand a medical certificate from the very first day of illness. This is increasingly common with the shift to electronic systems. -
Electronic transmission (eAU):
Doctors are required to send medical certificates directly to health insurance providers and employers electronically. This means employees no longer always have to hand in a paper copy in person.
When must the certificate be submitted?
As a general rule, you must provide a medical certificate if your sick leave lasts more than three calendar days.
However, depending on company policy, house rules or a collective agreement, some employers may require a certificate from the first day of illness.
Therefore, it is important to check your company’s internal regulations and your employment contract.
How does the electronic medical certificate (eAU) work?
The system has been updated and now largely runs electronically:
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Copy for the health insurance fund:
The doctor sends this directly to the statutory health insurance fund via the electronic system. -
Copy for the employer:
The relevant data for the employer is transmitted electronically as well, so in many cases employees no longer have to hand in a paper document. -
Personal copy for the patient:
The employee receives a personal copy or access to their AU so that they can keep it for their records and present it if needed.
What if the employer doubts the medical certificate?
If the employer questions the authenticity or correctness of the medical certificate, they may ask the health insurance fund to arrange a medical review via the Medical Service (MDK).
Specialised doctors will then examine the situation and check whether the sick leave is medically justified.
Does the employee receive salary during sick leave?
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If the sick leave lasts less than 6 weeks:
The employee is normally entitled to receive their full salary from the employer (continued payment of wages in case of illness). -
If it lasts more than 6 weeks:
After 6 weeks, the employer usually stops paying the salary.
From that point on, the employee receives sickness benefit (Krankengeld) from their statutory health insurance fund, which is lower than their full salary.
Is the employee allowed to go out during sick leave?
This depends on the type of illness:
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If the doctor has explicitly recommended rest at home or bed rest, you must follow these instructions.
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In other cases, where the illness does not require you to stay in bed (for example, a mild cold or certain mental health conditions where going out can be helpful), it is often permitted to leave the house or even travel, as long as this does not hinder your recovery and does not conflict with the doctor’s advice.
Getting sick leave by phone or online
Digital services are among the most important recent changes, making it easier to obtain sick notes:
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Sick leave by phone:
For minor illnesses such as colds, doctors may issue sick notes over the phone.
The sick leave can be issued for up to 7 days, with the option of being extended once in certain cases. -
Sick leave via the internet (e.g. WhatsApp):
Some providers and telemedicine services offer digital sick notes via apps and platforms such as WhatsApp.
These services often cover conditions like colds, migraines, bladder infections and menstrual pain.
The sick note typically covers 3 days and can be used up to twice a year.
The medical certificate is sent to the employee digitally (e.g. as a PDF) or by post.
Important updates for 2025
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Expansion of electronic services:
The electronic system for medical certificates (eAU) is now mandatory throughout Germany. Employees generally no longer have to submit paper copies to their employers. -
Sick leave via apps:
In some companies or via certain providers, employees can now obtain a rapid sick note via apps such as WhatsApp.
This saves time and allows them to receive a medical assessment and certificate without visiting a doctor’s practice, at least for minor illnesses.
Tips for employees
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Inform your employer immediately:
Let your manager or HR department know about your sickness at the beginning of the first day of illness. -
Use digital services:
Take advantage of new systems such as eAU, telephone sick notes and online platforms, especially for simple, short-term illnesses. -
Keep your personal copy:
Even in an electronic system, you should keep your personal copy or record of the medical certificate for possible future questions or checks. -
Follow your doctor’s advice:
If your doctor recommends rest at home or certain restrictions, follow these instructions to recover as quickly and safely as possible.
Conclusion
Sick leave is a fundamental right for every employee in Germany, and the law protects employees during periods of illness. Thanks to recent updates and digital services such as the electronic medical certificate (eAU), the process has become easier and more flexible, saving time and simplifying communication between doctors, health insurers and employers.
By following the rules and procedures for sick leave, you can ensure that your rights as an employee are fully protected.
The editorial team of our website strives to provide accurate information through careful research and by consulting multiple sources. However, errors may occur or information may be incomplete. Therefore, please regard the information in this article as an initial point of reference and always contact the relevant authorities or qualified experts for binding and up-to-date advice.