Sick Leave in Germany

Falling ill in Germany can affect your professional life and daily routines. However, thanks to legal regulations, your rights are protected and guaranteed during this period. Here’s what you need to know about sick leave:

When Do You Need to Inform Your Employer?

The first thing you need to do when you get sick is to inform your employer as soon as possible. This should generally be done on the morning of the day you are supposed to start work, before business hours begin. You can notify them via phone, email, or internal company communication tools. The important thing is to give your employer an estimate of how long you expect to be absent. You are not required to disclose the nature of your illness.

When Is a Doctor’s Note (Arbeitsunfähigkeitsbescheinigung – AU) Required?

As a general rule, you must submit a doctor’s note (Arbeitsunfähigkeitsbescheinigung – AU) starting from the third day of your illness. This means if you fall ill on Monday, you need to provide a doctor’s note to your employer by Wednesday. However, your employer has the right to request a doctor’s note from the first day of your illness, either as stated in your contract or as per company policy. Therefore, it’s advisable to check your employment contract or consult with your HR department.

Do You Continue to Receive Your Salary During Sick Leave?

Yes, in Germany, you continue to receive your full salary for up to six weeks when on sick leave. This period is called “Continued Remuneration in Case of Sickness” (Entgeltfortzahlung im Krankheitsfall). If your illness lasts longer than six weeks, your health insurance takes over and starts paying “sickness benefit” (Krankengeld). Sickness benefit is approximately 70% of your gross salary and cannot exceed 90% of your net salary. This payment can be made for a maximum of 78 weeks (approximately 1.5 years) for the same illness.

Are You Required to Stay at Home During Sick Leave?

Being on sick leave does not mean you have to stay at home 24 hours a day. The important thing is to avoid behaviors that would hinder or delay your recovery. For example, you should avoid strenuous physical activity. Activities that do not impede your recovery, such as short walks, going to the grocery store, or visiting a pharmacy, are generally not an issue. However, behaviors that are contrary to your recovery, such as going on vacation or spending time in entertainment venues, could lead to your salary payments being withheld or your employment contract being terminated.

Can You Stay Home to Care for a Sick Child?

Yes, if your child is ill and needs care, you can take time off work to look after them. This is called “child sickness benefit” (Kinderkrankengeld). However, there are specific conditions:

• The child must be under 12 years old (or there is no age limit if the child is disabled).
• There must be a doctor’s note indicating the child needs care.
• There must be no one else available to care for the child.

Generally, each parent is entitled to child sickness benefit for 10 working days per child per year (20 working days for single parents). For parents with multiple children, there is a total limit of 25 working days (50 working days for single parents). During this period, you receive sickness benefit from your health insurance, not from your employer.

Can You Obtain a Doctor’s Note by Phone or Online?

During the COVID-19 pandemic, the possibility of obtaining a doctor’s note by phone or online was offered in certain situations. According to current general practice, you are required to be examined by a doctor to obtain a doctor’s note. However, with new regulations, it is again possible to obtain a doctor’s note by phone or through online platforms for certain conditions, such as mild upper respiratory infections, without needing a physical doctor’s visit. For the most up-to-date information on this, it’s best to consult your doctor or health insurance provider.

Sick leave in Germany is regulated to protect both employees’ health and employers’ rights. Knowing your rights and fulfilling your responsibilities will help you navigate this process smoothly.

If you need more information about sick leave or a clear answer regarding your specific situation, do not hesitate to contact your employer, your union, or your health insurance provider