Sick leave in Germany
Sick leave for employees in Germany
With JIG.World you are well informed about the requirements for sick notes in Germany!
In Germany, a sick note, also known as a "certificate of incapacity for work" (AU certificate), is required if an employee is unable to work due to illness. Here are the most important points you should bear in mind:
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1. obligation to notify the employer
If an employee falls ill, the first duty is to inform the employer of the illness immediately.
- How can you do this? By telephone, e-mail or through an authorized representative.
- When? Before starting work or as soon as possible.
Example:
- An employee who starts at 9:00 a.m. calls at 8:00 a.m. and informs us that he cannot come in today due to a severe cold. -
2. medical certificate of illness
A medical certificate (AU) is required if the illness lasts longer than three calendar days.
- Latest submission: On the fourth day of illness.
- Exceptions: Some employers require a certificate from the first day of illness. This is often regulated in the employment contract or company agreement.
Example:
An employee calls in sick on Monday. He must submit the sick note to the employer by Thursday at the latest. -
3. electronic sick note (eAU)
The transmission of the AU has been digitalized since 2023:
- The doctor transmits the data directly to the health insurance company.
- The employer can request the data from the health insurance fund.
- Important: The employee must continue to inform the employer of the illness themselves.
Example:
- An employee calls in sick and goes to the doctor on the same day. The doctor sends the sick note digitally to the health insurance fund. The employee informs his employer that he is on sick leave until Friday. -
4. duration of the sick note
The sick note is only valid for the period certified by the doctor.
- Extension: If the illness persists, a follow-up certificate must be issued and the employer must be notified in good time.
Example:
- A sick note is valid from December 1 to 7. On December 6, the employee notices that he is still ill and obtains a follow-up certificate from the doctor. -
5. sick pay
If the illness lasts longer than six weeks at a time:
- The employer's continued payment of wages ends.
- The statutory health insurance fund pays sickness benefit (approx. 70 % of gross salary, maximum 90 % of net salary).
Example:
- An employee is sick from January 1 to February 15. From February 12, he receives sick pay from the sickness insurance fund.
Frequently asked questions
Can I fall ill during my vacation?
Yes, if you fall ill during your vacation and submit a doctor's sick note, the sick days are not counted as vacation days.
What happens if I am ill for longer than six weeks?
Your employer's continued payment of wages ends after six weeks. After that, the statutory health insurance fund pays sick pay amounting to around 70 % of your gross salary, up to a maximum of 90 % of your net salary.
What is the electronic sick note (eAU)?
Since 2023, doctors have been sending your sick note directly to the health insurance fund digitally. Your employer can retrieve the data from the health insurance fund. Nevertheless, you must inform your employer of the illness yourself and state the expected duration.
Do I have to inform my employer about the exact diagnosis?
No, you are not obliged to tell your employer the exact diagnosis or details of your illness. Your doctor will not note this information on the certificate of incapacity for work that is sent to your employer.
Can my employer dismiss me during an illness?
Yes, it is generally possible to give notice during an illness, but the statutory or contractual notice periods must be observed. Termination solely due to illness is only legal under very strict conditions (e.g. permanent incapacity to work).
