German, Sickness

German Sickness Absence Reaches New Peak as Mental Health Cases Overtake Respiratory Illnesses

Published on 07/21/2026 at 01:31 | Redaktion boerse-global.de

Mental health disorders cause most sick days in Germany H1 2026; new partial sick leave law eases return to work; courts tighten whistleblower, social media, and email rules.

Germany 2026: Mental Health Tops Sick Leave, New Partial Sick Leave Law
German Sickness Absence Reaches New Peak as Mental Health Cases Overtake Respiratory Illnesses Illustration mit AI erstellt übermittelt durch boerse-global.de

Germany's workplace sick leave figures for the first half of 2026 reveal a dramatic shift: psychological disorders now account for more lost working days than any other cause. At 184 absences per 100 insured employees, mental health conditions jumped 9 percent compared with the same period last year. Respiratory illnesses, meanwhile, fell 21 percent to 175 days per 100 insured.

The overall sickness rate dropped slightly to 5.3 percent, down from 5.4 percent a year earlier. Experts point to persistent performance pressure, chronic staffing shortages, and workplace uncertainty as the main drivers behind the mental health surge. Additional anxiety stems from planned healthcare reforms that could restrict access to psychotherapy.

Partial Sick Leave Law Aims to Ease Return to Work

In a major policy shift, the federal government passed the GKV Contribution Rate Stabilisation Act on 10 July 2026. Its headline measure: partial sick notes, or Teilkrankschreibung.

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With mental health now the leading cause of sick leave in Germany, UK employers are not immune to similar pressures. A proactive health and safety approach can help reduce workplace stress and improve wellbeing. The free Health & Safety Toolkit provides ready?to?use risk assessments and checklists to help you meet your legal duties and protect your workforce. Download the free Health & Safety Toolkit

Employees can now be certified unfit for work in steps of 25, 50 or 75 percent, with a corresponding partial sickness benefit. The scheme is designed to help those recovering from longer-term illness re-enter the workplace gradually.

But the law also strengthens employer oversight. Companies can demand a medical certificate from the very first day of illness. If there is a substantiated suspicion that a worker is faking an illness, the Medical Service — Germany's public health assessment body — can investigate. A proven case of feigned incapacity can justify dismissal without notice.

Courts Tighten Rules on Whistleblowers, Social Media and Email Use

A ruling by the Federal Labour Court on 4 December 2025 sharpened the limits of the Whistleblower Protection Act (HinSchG). Anti-retaliation protection only applies when there is a direct link between the report and a subsequent measure such as dismissal. In the case at hand, the termination process had already been initiated before the employee blew the whistle — the court upheld the dismissal as valid.

The judges also clarified that merely planning to make a report does not trigger protection, and that a valid termination during the six-month probation period does not entitle the employee to continued employment.

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The article highlights how failing to comply with whistleblower and data protection rules can have serious consequences. Similarly, many UK employers unknowingly fall short of their duties under the Health & Safety at Work Act. A free toolkit with nine essential tools helps you identify gaps and reduce liability. Get the free Health & Safety at Work Act Toolkit

In Düsseldorf, the Regional Court issued a decree on 8 July 2026 targeting covert denigration on Instagram and similar platforms. It ruled that a competitor can be identifiable through market structure or user comments, even without a direct name mention. Anyone who fails to delete defamatory comments posted by others after becoming aware of them adopts those remarks as their own. Violations of the prohibition against disparagement under the Unfair Competition Act (UWG) carry fines of up to €250,000.

On a more routine but persistent workplace issue, a specialist labour law attorney stressed that employees may only use their work email for private purposes with explicit employer permission. Without that, employers can monitor accounts, and violations can lead to warnings or dismissal. Where no clear company policy exists, however, workers are generally shielded from sanctions.

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