What should I do if I’m sick and can’t work?
If you’re sick, you shouldn’t go to work—the risk of endangering your own health or infecting coworkers and customers is too great.
Prompt notification is important so that your supervisor can plan accordingly and, if necessary, arrange for a replacement. Therefore, the employee’s most important duty is to immediately notify the appropriate department at work. You should do this as early as possible, before the start of your workday or shift. You must also indicate how long you expect to be absent.
Electronic Sick Leave Notification: What Do I Need to Know?
Since the beginning of 2023, paper certificates of incapacity for work have become a thing of the past—with a few exceptions. The “yellow slip” is now called the electronic certificate of incapacity for work, or eAU for short.
The doctor transmits the data for the certificate of incapacity for work electronically to the health insurance provider. Insured individuals can receive their copy digitally or as a printout from their doctor, upon request. If you have statutory health insurance, you no longer need to submit the sick note, but you must notify your employer immediately so that they can retrieve the data from your health insurance provider.
When do I need to see a doctor?
If your inability to work lasts longer than three calendar days, you must have your inability to work and its expected duration medically certified no later than the day after you report sick . This is based on calendar days, not workdays. So if you become ill on Friday, you must have your incapacity for work certified by a doctor on Monday, not on Wednesday. With the medical certificate, the doctor certifies that you are unable to perform your job.
Your employer may also require that the medical certificate of incapacity for work be submitted on the very first day of your illness. This requirement may stem from your employment contract, a company agreement, or a collective bargaining agreement. Your works council or your IG Metall office can tell you whether different provisions apply under the collective bargaining agreement.
What happens if I go to the doctor too late—or not at all—to have my inability to work certified?
If you do not see a doctor—or do not do so within the three-calendar-day deadline, or sooner if requested by your employer (see above)—to have your inability to work certified, you may face the following consequences: In individual cases, your employer could dispute your inability to work and refuse to pay your wages. Furthermore, depending on the circumstances, your employer could issue you a written warning or terminate your employment due to a failure to obtain a timely medical certification for which you are at fault.
Although the employer has no right to withhold pay under the Continued Pay Act if you do not allow a doctor to certify your incapacity for work (in a timely manner), it is nevertheless strongly recommended that you see a doctor in a timely manner for the medical examination for the reasons stated above. In your own best interest, you should have your doctor issue you a medical certificate so that you have strong evidence of your current inability to work.
What if my employer doesn’t believe I’m sick?
If your doctor has certified that you are unable to work, your employer has no reason to doubt it. With the certificate of incapacity for work, the doctor declares that he or she has examined you and determined that, for health reasons, you are not capable of performing the work you are obligated to do under your employment contract. That is why your doctor must also ask you what occupation you are in. This determination cannot be easily challenged at first. Your employer also cannot instruct the company doctor to review the sick note. However, if your employer doubts that the sick note is justified, they have the option of reporting their concerns to the health insurance provider. The health insurance provider can then instruct its medical service to review the sick note.
Do I have to tell my employer about my illness?
Your employer has no right to know what illness you have against your will. That is why no diagnosis is listed on the portion of the sick leave certificate intended for the employer. If you tell your employer what illness you are suffering from, you should keep in mind that your employer could use this information to your disadvantage.
Who pays me when I’m sick?
During the first six weeks of illness, your employer is required to continue paying your wages if you’ve been employed for more than four weeks. This means you’ll receive exactly the same net pay as if you’d been able to work. After six weeks, this obligation on the employer’s part ends. Starting in the seventh week, you are entitled to sick pay. Sick pay is a benefit provided by the statutory health insurance fund and is paid for a maximum of 78 weeks. You are also entitled to sick pay if your employer wrongfully refuses to continue paying your wages during the first six weeks. If you are unable to work due to a work-related accident, injury benefits replace sick pay. These are paid by the workers’ compensation association and are calculated differently than sick pay; they are generally slightly higher than sick pay.
Is continued pay also available for part-time and marginal employment?
Yes. Part-time and marginal employment relationships are standard employment relationships and are, of course, also covered by continued pay. The working hours lost due to illness must be compensated as if they had been worked. The work does not have to be made up later. However, individuals in marginal employment are not entitled to sick pay because marginal employment is not a working relationship subject to social security contributions.
What should I keep in mind if I get sick while on vacation?
If you’re sick, you can’t relax. If you get sick while on vacation, you can save your vacation days if you can provide a doctor’s note certifying your inability to work for the days you were sick. In this case, however, you can’t simply extend your vacation; you must return to work when your approved vacation ends.
Can I be terminated because of or during my illness?
Unfortunately, there is no prohibition against issuing a termination notice while an employee is on sick leave . The illness itself can also be grounds for termination. Under certain conditions, an employer may terminate an employment relationship due to an employee’s illness for personal reasons.
However, these conditions are quite narrowly defined, because the employee is not at fault for being sick. The hurdles are correspondingly high. As a rule of thumb, an employer must accept six weeks of continued wage payments per year. For example, the fact that an employee’s sick leave is higher than the company average does not justify termination.
Note: IG Metall members are represented free of charge by the attorneys at DGB Rechtsschutz GmbH in labor and social courts, if necessary. The first point of contact for any issues is always your local IG Metall chapter. More information is available here.
