Very few employees make it through the year completely healthy and virus-free. If you’re sick, you must report it. For now, this simply means letting your employer know as soon as possible that you can’t work and for how long. The legal basis for this is Section 5(1), Sentence 1 of the Continued Pay Act (EFZG): “The employee is obligated to notify the employer immediately of their inability to work and its expected duration.”
Immediate notification is important. Ideally, this should be done on the first day of illness so that your supervisor can plan accordingly and, if necessary, arrange for a replacement. Therefore, the employee’s most important obligation is to notify the appropriate department at work immediately—as early as possible, even before the start of the workday or shift. You must also specify how long you expect to be absent.
The “W” Rules for Reporting Sick
- Who are you? An employee or a family member?
- Why are you calling?
- When does the sick leave begin?
- How long do you expect to be sick, and starting when?
- What will you do next (go to the doctor or stay home for now and rest until you’re better)?
- What will you do if you end up being sick for longer than three days (contact us again and submit a doctor’s note)?
Reporting Sick by Phone
In most companies, employees report sick by phone to their employer, team leader, or shift supervisor. This is the safest way, because it ensures that you have reported sick and that the responsible person has been notified. The call should be made before the start of your workday. This means that if you start at 8 a.m., you must notify the company beforehand that you’ll be absent today. For example:
“Good morning, this is Ursula. I’m not feeling well, so I’ll be staying home today. If I’m not feeling better by tomorrow, I’ll let you know in plenty of time.”
Are you feeling unwell or not any better and want to see a doctor? Then let your employer know as follows:
“Hello, this is Ursula. I’m not feeling well today/I’m still not feeling any better. So I’m going to the doctor today at XX o’clock and will call you again afterward.”
You don’t have to—and shouldn’t—tell your supervisor what your symptoms are. Exception: If you have a highly contagious disease that must be reported under the Infectious Diseases Control Act, such as measles, mumps, rubella, or chickenpox.
Reporting Sickness via Email, Text Message, or WhatsApp
If you have the technical means, you can also report sick via email, text message, or WhatsApp—unless your company explicitly prohibits this method. It’s best not to report sick in a WhatsApp group, even if your supervisors are members of the group and are active there. Whether via email, text message, or WhatsApp, you should maintain a formal tone when reporting sick:
“Hello, this is Manfred Bauer. I’m not feeling well and unfortunately can’t come to work today. Hopefully, I’ll feel better tomorrow. If not, I’ll let you know in plenty of time.”
Sick Leave by Phone
Employees can also obtain a sick note from a doctor over the phone. This was decided by the Joint Federal Committee of Health Insurance Funds on December 7, 2023. Unlike during the COVID-19 pandemic, sick notes are not limited to colds but are also possible, for example, in cases of gastrointestinal infections.
However, the following applies: The patient must already be known to the doctor’s office in question. Furthermore, there must be no severe symptoms, as in that case the illness would need to be assessed through an immediate in-person examination. If these requirements are met, the doctor can issue an initial certificate of incapacity for work for up to five calendar days following a telephone medical history review.
The sick leave cannot be extended over the phone. Anyone who needs a follow-up certificate must visit the practice in person. However, if the initial certificate of incapacity for work was issued during a visit to the practice, this sick leave can be extended over the phone.
The “yellow slip” is now called eAU
Since the beginning of 2023, the paper certificate of incapacity for work—with a few exceptions—has become a thing of the past and has been replaced by an electronic process: The “yellow certificate” 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 immediately notify your employer of the start date of your sick leave so that they can retrieve the data from your health insurance provider.
If the incapacity for work lasts longer than three calendar days, the employee must have their incapacity and its expected duration medically certified no later than the day following the initial notification of illness. This count 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 certificate of incapacity for work, the doctor certifies that you are unable to perform your job.
The employer may also require that the medical certificate of incapacity for work be submitted on the very first day of illness. This requirement may stem from the employment contract, a company agreement, or a collective bargaining agreement.
Those with private health insurance will continue to receive the medical sick note on paper. For these employees, the old procedure still applies: If the sick leave lasts longer than three calendar days, the employee must submit a medical certificate confirming the inability to work (certificate of incapacity for work) and its expected duration no later than the following workday. This means: The so-called “yellow slip” must be submitted to the employer no later than the fourth day after the sick leave is reported, unless the employer requires it earlier.
Even if reporting sick on time seems like a purely formal procedure, you should take this obligation seriously and have your incapacity for work confirmed in a timely manner. This also applies if, following a sick leave period, you are again certified as being unable to work. A violation of the obligation to submit the certificate can result in a written warning and, in the case of repeated violations, even in termination for cause.
This approach is particularly popular among employers as a way to circumvent the high barriers to dismissal for medical reasons. Employees who have had significant periods of sick leave, in particular, should avoid putting themselves at additional risk.
Unable to Work Due to Illness: What You Need to Know
Complications must be reported immediately
This applies to doctor’s visits during work hours
What is permitted—and what is not—during a period of incapacity for work
