Sick note
If you are ill and therefore unable to work, you have the right to stay at home. However, your employer has the right to see proof of your illness. You can get this proof from your doctor. Colloquially this paper is called a "sick note", officially it is called a "certificate of incapacity for work" (AU).
What do I need to know?
I am ill and cannot work. When do I have to inform my employer?
You must inform your employer that you are ill and cannot come to work no later than the first day you start work. You do not have to tell them what illness you have. If you can already estimate how long you will be ill, you should also provide this information. You can do this by phone, text message or email.
When do I need a sick note?
Your employer can request a sick note from the first day of your illness. This means that on the first day that you are unable to go to work due to your illness, you must present the relevant certificate from your doctor. However, many companies only require employees to submit a sick note from the third day of their illness. You can find out which regulation applies to you directly from your employer.
Please note: Your sick note must be complete. This means that it must include all the days you are absent due to illness.
What does a sick note look like?
When you are at the doctor's surgery, you must say that you need a sick note. The doctors will decide how many days you can be given sick leave for based on your diagnosis. The sick note itself consists of three parts:
- One part is for your health insurance company. This part is automatically sent to your health insurance company by the doctor's surgery.
- One part is for your own records.
- One part is for your employer. This part only shows the duration of your sick leave, but not the diagnosis. Your employer therefore does not know what illness you have. They also have no right to ask you about it.
Since January 1, 2023, sick notes for people with statutory health insurance have been processed digitally throughout Germany. This means that sick notes will be processed completely electronically. If you want to take sick leave, the doctor's surgery will send the sick note electronically directly to your statutory health insurance fund, from where your employer will receive the notification.
Nevertheless, sick employees must inform their employer directly of their absence.
What happens if my employer doesn't believe my sick note?
If your employer does not believe that you are really ill or unfit for work, they can inform your health insurance fund. The health insurance fund will then commission the Medical Service of the Health Insurance Fund (MDK) to carry out a review.
Will I continue to receive my salary during my sick leave?
That depends on the length of your sick leave.
- If you are on sick leave for less than six weeks, you will generally continue to receive your salary.
- If you are on sick leave for more than six weeks and your employer no longer pays you a salary, you will receive sick pay from your health insurance fund instead of your salary. However, this sickness benefit is less than your salary.
Do I have to stay at home while I am on sick leave?
That depends on the nature of your illness. If your doctor prescribes bed rest, you should stay at home. If you do not have to stay in bed, you can of course also go out or travel.
Can I stay at home if my child is ill?
Yes, that is possible. There is the so-called Child Sickness Benefit Act. It stipulates that statutory health insurance pays benefits if a doctor confirms that the child is ill and needs to be supervised, looked after or cared for. In this case, one parent is not allowed to go to work and each parent can stay at home for 30 days per year and child to look after the sick child. This results in a total of 60 days for both parents. Single parents are entitled to 60 working days per year and child. If there are several children, the maximum entitlement is 65 working days per parent (130 days in total for both parents) or 130 days for single parents.
However, this regulation is subject to certain conditions:
- Your child must be under the age of 12 or require special care due to a disability.
- You must be able to present a medical certificate confirming the need for care during the illness.
- There must be no other person in the household who can look after your child.
Can I also take sick leave over the phone or online?
During the coronavirus pandemic, it was possible to call in sick to your employer by telephone. From 01.04.2023 this is no longer possible.
You must submit a written sick note to your employer. Your employer can also request a doctor's certificate.
Important
You must always inform your employer if you are unable to come to work.
Source: handbookgermany.de
