German Court Tightens Rules on Delivering Dismissals as Sick-Notice Overhaul Looms
Published on 07/18/2026 at 17:17 | Redaktion boerse-global.de
Employers in Germany face new hurdles after a landmark ruling by the Federal Labour Court (BAG) on 7 May 2026 (Case No. 2 AZR 184/25). The judges decided that a registered letter sent through the Post’s current automated scanning process no longer proves actual delivery. Because the delivery confirmation is generated before the letter is dropped into the mailbox, the court found it lacks the necessary certainty.
The ruling affects not only termination letters but also invitations to the company’s return-to-work programme (Betriebliches Eingliederungsmanagement, or BEM). Legal experts now recommend using courier service with a signed protocol or handing over documents in person with witnesses present.
While the BAG decision tightens procedural requirements, the government is simultaneously pushing through substantive changes to sick-leave rules. Under the new plan, employees must present a doctor’s certificate from the very first day of illness. Previously, a note was generally required only from the third day. Health Minister Warken also announced that pure online sick notes without any doctor contact will be banned. Video consultations remain permitted, but telephone-based sick notes are to be scrapped.
Opposition came swiftly from the German Trade Union Federation (DGB), which pointed out that telephone sick notes accounted for only 0.8 to 1.2 percent of all sick reports between 2020 and 2023. A Civey poll from June 2026 adds context: 95.2 percent of respondents said they had worked despite being ill, and 72 percent feel pressure to justify taking sick leave to their boss.
Despite these tightening rules, it is legally possible to dismiss an employee even when they are ill — if a valid reason exists. However, a sickness-related termination must meet strict criteria: a negative health prognosis, a substantial impact on business interests, and a thorough balancing of interests.
A properly conducted BEM is not a formal requirement for a dismissal to be valid, but if it is missing, the employer’s burden of proof in court increases significantly. Repeated absences exceeding six weeks per year can serve as an indicator of a negative prognosis. The Cologne Regional Labour Court has also clarified that merely threatening to be sick in order to force holiday approval can lead to immediate dismissal — unless an actual objective illness exists.
Looking ahead, a significant change arrives on 1 January 2028. An amendment to the Social Code (Section 44c SGB V) introduces partial sick leave in steps of 25, 50 or 75 percent incapacity. Unlike the Hamburg model, where the employee is legally fully incapacitated and receives only sick pay, the new system treats the worked portion as regular employment with proportional salary.
The employer must agree to partial sick leave. If they do not respond within seven days, the employee remains fully incapacitated. Importantly, the 78-week cap on sickness benefit payments still applies in full, even under partial sick leave. Doctors’ representatives have welcomed the change as a useful supplement to existing return-to-work programmes.
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