Sick leave in Germany: What do employeed need to do?

Sick leave in Germany follows a clear sequence: notify your employer, obtain medical certification when required, and keep the documentation continuous if you remain unwell.

For international employees, the German terms and digital eAU (elektronische Arbeitsunfähigkeitsbescheinigung) process can make a simple absence feel more complicated than it is. This guide explains what you need to do, what information remains private, how continued pay works, and where special rules apply.

What does sick leave mean under German employment law?

Sick leave means that an illness prevents you from performing your contractual work or that working would risk making your condition worse. The German term is Arbeitsunfähigkeit, commonly shortened to AU.

The everyday word Krankschreibung usually refers to the medical certification of that incapacity. A Krankmeldung, by contrast, is your own notification to the employer. The two steps are related, but they are not the same.

The first thing to do when you call in sick

You must tell your employer without undue delay that you cannot work and how long you expect the absence to last. Follow the reporting channel your workplace uses, such as a phone call, email or HR portal, and send the message before work begins where reasonably possible.

You generally do not need to name the illness. A concise statement such as “I am unfit for work today and expect to be absent until [date]” is normally enough for the initial notification. If your estimate changes, update the employer promptly.

When do you need a medical certificate?

You need medical certification by the deadline that applies in your workplace, and your employer may require it from the first day. Under the statutory default, if the incapacity lasts longer than three calendar days, certification is required no later than the following working day.

That is why the familiar “three-day rule” is not permission to wait in every case. Check your employment contract, collective agreement, staff handbook and any individual instruction you have received.

How does the electronic sick note (eAU) work?

For most employees with statutory health insurance, the medical provider sends the AU data to the health insurer and the employer retrieves the permitted information electronically. You still have to notify your employer yourself; the eAU does not replace your Krankmeldung.

The employer receives data such as the start and end of the incapacity, the date of the medical finding, and whether it is an initial or follow-up notification. The statutory retrieval data does not include your diagnosis.

Can you obtain a sick note by phone or video?

You may be able to obtain medical certification remotely, but only when the medical provider considers that form of assessment appropriate. There is no right to demand a telephone or video sick note.

For a telephone assessment, the practice must already know you, there must be no severe symptoms, and a video consultation must not be possible; an initial certificate can then cover up to five calendar days. In a video consultation, the usual maximum is three calendar days for a patient unknown to the practice and seven calendar days for a known patient. Follow-up rules are more restrictive.

How much continued pay do you receive while sick?

If the statutory conditions are met, your employer generally continues the remuneration you would have earned during your regular working time for up to six weeks. The right normally begins only after four uninterrupted weeks of employment.

Additional pay specifically earned for overtime is excluded by statute. Variable remuneration, bonuses, allowances and collective-agreement rules require a closer look; “100% of everything on your usual payslip” is not a reliable general formula.

Does a second illness start a new six-week period?

Not automatically. A new entitlement may arise if the first incapacity had ended before the second illness made you unable to work. If a second illness begins while the first incapacity is still continuing, the principle of a single case of prevention can limit continued pay to one six-week period.

If the same underlying illness returns, Section 3(1) EFZG also contains specific continuation rules. A further period of up to six weeks is available only if you had not been unable to work because of that illness for at least six months before the new absence, or if 12 months have passed since the first incapacity caused by that illness began.

What happens if you are sick for more than six weeks?

For many employees with statutory health insurance, Krankengeld from the health insurer can replace employer-funded continued pay after the six-week period, provided the legal conditions are met. Private insurance arrangements depend on the individual tariff and should be checked separately.

Statutory sickness benefit is generally 70% of regular gross remuneration subject to contributions, capped at 90% of the calculated net remuneration and at the applicable contribution ceiling. Contributions may still be deducted, so the payment received can be lower.

What is a BEM meeting?

A workplace reintegration process, or betriebliches Eingliederungsmanagement (BEM), should be offered when you have been unable to work for more than six weeks continuously or repeatedly within one year. Its stated purpose is to explore how incapacity can be overcome, future absence reduced and your job preserved. It requires your participation and consent, and you may bring a trusted person of your choice.

Which special situations should expat employees know?

Illness abroad, illness during annual leave and non-German medical certificates require extra care, because ordinary eAU assumptions may not apply. Acting promptly and preserving evidence is especially important in these situations.

What should you do if you become ill abroad?

Notify your employer as quickly as possible of the incapacity, its expected duration and your address at the place of stay. If you have statutory health insurance, you must also notify the insurer as required. When you return to Germany while still unfit for work, notify both the employer and the insurer of your return.

A foreign certificate should make clear that the doctor found not merely an illness, but an illness that caused incapacity for work. Ask for a clear certificate and, where helpful, an English or German version.

Do you lose holiday days if you become ill on holiday?

Days of medically certified incapacity during annual leave are not counted against your statutory annual leave. Report the illness and obtain appropriate medical evidence; the days are not automatically added to the end of the booked holiday, so arrange replacement leave through the normal process.

Can an employer challenge your sick note?

An accurately issued medical certificate has high evidential value, but it is not legally irrefutable. The employer must point to actual circumstances that create serious doubts; simple disbelief is not enough.

If the evidential value is successfully undermined, you may need to explain and prove the incapacity in more detail. This can involve sensitive medical facts, so obtain advice before making broad disclosures to the employer.

Can you be dismissed while you are on sick leave?

Being on sick leave does not create a blanket ban on dismissal, but a dismissal based on illness faces demanding legal requirements where statutory dismissal protection applies. Courts examine matters such as the future health prognosis, significant operational impact, proportionality and the balance of interests.

Whether the general Dismissal Protection Act applies depends, among other things, on the length of employment and establishment size. Special protection may also apply in individual circumstances.

What should you check when reporting sick leave?

Use the following checklist to complete the essential steps without disclosing more personal information than necessary.

How can you notify your employer in writing?

A short, factual message is usually enough. Adapt the following wording to the reporting rules in your workplace.

A clear notification helps document the first step, but it cannot resolve questions about withheld pay, disputed evidence or dismissal on its own. Those issues should be assessed using your contract, certificates, messages and payslips.

What is the bottom line on sick leave in Germany?

The process is manageable once you separate notification from medical certification: inform the employer immediately, meet the applicable AU deadline and keep follow-up periods continuous. The eAU reduces paperwork for many statutorily insured employees, but it does not replace your duty to report the absence. You can protect your position without disclosing your diagnosis, and early advice is available if continued pay, evidence or dismissal becomes an issue.