Sick leave in Germany: detailed rights of employees and employers
Sick leave in Germany – often called Krankschreibung or Arbeitsunfähigkeit – is a legally protected right. Labour law and statutory health insurance rules are designed to balance the interests of both employees and employers.
1. When are you entitled to sick leave?
You are entitled to a medical certificate of incapacity for work if:
you suffer from a physical or mental illness that prevents you from doing your job,
you inform your employer immediately on the same day, ideally before the start of your shift,
you submit a medical certificate (Arbeitsunfähigkeitsbescheinigung) if your absence exceeds 3 calendar days
(some companies require a certificate from day one).
2. What are the rights of the employee?
| Right | Explanation |
|---|---|
| Continued payment of wages | The employer must continue to pay full salary for up to 6 weeks (continued remuneration in case of illness – Lohnfortzahlung). |
| Transition to Krankengeld | After 6 weeks, statutory health insurance pays Krankengeld: usually 70% of the gross salary, up to a maximum of 90% of the net salary. |
| Protection against dismissal solely due to illness | Dismissal only because of illness is generally not allowed; it is only possible in exceptional, complex and long-term cases. |
| Medical privacy | The employer is not entitled to know your diagnosis; they only need to know how long you are unfit for work. |
| Sick leave while abroad | Sick leave certificates from abroad are possible, but only under specific conditions and with immediate notification of the employer and health insurer. |
3. What are the rights of the employer?
| Right | Explanation |
|---|---|
| Requesting an early sick note | The employer may, depending on company policy or works agreement, demand a medical certificate from the first day of illness. |
| No wage payment after 6 weeks | After 6 weeks, the employer’s obligation to pay wages ends; statutory health insurance takes over with Krankengeld. |
| Checking the validity of the sick leave | In cases of doubt, the employer can ask the health insurance fund to involve the Medical Service (Medizinischer Dienst) to review the certificate. |
| Disciplinary action in case of fraud | If it turns out that the employee was not actually ill (for example working another job while on sick leave), disciplinary measures up to dismissal are possible. |
4. How is the sick note submitted? (eAU system)
Since 2023, Germany has largely switched to the electronic transmission of sick notes:
The doctor sends the electronic sick note (eAU) directly to the health insurance fund.
The employer then retrieves the data digitally from the health insurer.
Important for employees:
You are still obliged to notify your employer in time (e.g. by phone or e-mail).
You can request a paper copy of the certificate for your own records.
5. Falling ill during annual leave
If you become ill during your paid annual leave (Urlaub):
Any days covered by a valid medical sick note do not count as holiday days; they are treated as sick days instead.
You must inform your employer immediately and send the certificate (even if you are abroad).
6. Important practical notes
Being on sick leave does not always mean you must stay in bed:
Gentle activities such as a walk or light leisure activities are allowed as long as they do not delay recovery.
Travelling abroad while on sick leave:
Travelling outside Germany while on sick leave is usually only permitted with prior approval from your health insurance fund.
Having more than one job:
Depending on the type of illness, you may be unfit for physically demanding work,
but still able to do light office work – this is assessed by the doctor on a case-by-case basis.
7. Summary: employee vs. employer
| Employee | Employer |
|---|---|
| Is entitled to full salary for up to 6 weeks | May request a sick note from day one of absence |
| Receives Krankengeld from the health insurer after 6 weeks | Can check the sick leave via the health insurance fund |
| Does not have to disclose the nature of the illness | May take action in cases of suspected abuse or fraud |
| Cannot easily be dismissed purely because of illness | Has the right to organise work and protect business continuity |
ـ The editorial team of this website aims to provide accurate and carefully researched information based on several sources. However, errors or incomplete details may occur. Therefore, this text should be seen only as an initial guide. For binding and individual legal or medical advice, please consult labour law experts, health insurers or the responsible authorities.
