Labour Law Basics

Paid sick leave is one of the essential statutory protections of employees in Germany. It ensures that you receive your full salary even if you are on sick leave and recover at home. You are entitled to this benefit for up to six weeks. It is codified in Germany’s Continued Remuneration Act (Entgeltfortzahlungsgesetz, EntgFG.) As always, more favorable terms can be negotiated individually – as part of your employment contract – or through collective bargaining.

All employees and trainees or apprentices are eligible – including part-time or temporary employees. It does not matter how extensive your employment is, as long as you have been employed for an uninterrupted minimum qualifying period of four weeks. This qualifying period can be further reduced by a collective bargaining agreement or a company-level agreement between your works council and the employer.

You are unfit for work if, for health reasons, you cannot fulfill the requirements of your position. You have to inform your employer right away, via phone or email. You do not have to disclose any details, such as your medical condition. On the fourth day of sick leave at the latest, you have to submit a doctor’s note (Arbeitsunfähigkeitsbescheinigung.) Please note: In individual cases, and based on employment contracts or internal directives, employers have the right to request that a doctor’s note be submitted earlier. If notice periods are regulated collectively, the works council has to approve such a request.

Employees who are sick or incapacitated receive their full salary for up to six weeks or 42 calendar days. Starting on the 43rd day, this legal requirement for paid sick leave (Lohnfortzahlungspflicht) ends. Now Germany’s statutory health insurance (gesetzliche Krankenversicherung, GKV) kicks in, providing sickness benefits. They cover 70% of your gross income but no more than 90% of your net income.

Please note: Only those obligated to participate in Germany’s statutory public health insurance scheme automatically qualify for these sickness benefits. Those joining it on a voluntary basis or those privately insured have to check their contracts. In some cases, they will need a separate insurance that covers sickness benefits (Krankengeldversicherung.)

Did you get injured at work or on your way to work? Then the same regulations apply as in the case of sickness: For up to six weeks, you will receive your full salary. If you are incapacitated for longer, Germany’s statutory health insurance (gesetzliche Krankenversicherung, GKV) kicks in and pays benefits. In this case, though, you will receive injury benefits (Verletztengeld). It covers 80% of your average gross income. Your insurance will send you a form for your doctor to complete that you must then return. There is an important new development: According to recent court rulings, accidents during work from home count as workplace accidents.