Germany Overhauls Sick Leave Rules: Mandatory Doctor’s Note From Day One, Phone Certificates Scrapped
Published on 07/23/2026 at 21:32 | Redaktion boerse-global.de
A major shake-up of Germany’s sick leave system is set to take effect, forcing employees to obtain a doctor’s certificate from the first day of illness and eliminating the pandemic-era option of a phone-based diagnosis. The reforms, part of a broader coalition package passed on July 2, mark the most significant change to the country’s Arbeitsunfähigkeitsbescheinigung (AU) rules in years.
Under current law, workers only have a legal obligation to present a medical certificate after the fourth calendar day of absence, though employers have long been able to demand one earlier. The new regulation makes that requirement universal. At the same time, the telephone sick note—introduced during COVID-19 to reduce infection risk—will be scrapped entirely.
Doctors and unions have pushed back sharply. “This will drive patients with mild infections unnecessarily into waiting rooms,” medical professionals warn. The DGB Baden-Württemberg, a regional trade union federation, points to existing bottlenecks in healthcare access, arguing that securing timely appointments will become even harder for many.
Partial Sick Leave Arrives in 2028
On July 10, the Bundestag approved a separate model set to launch on January 1, 2028. For the first time, statutory health insurance members who are ill for more than four weeks will be able to return to work gradually—at 25, 50, or 75 percent of their usual hours.
As employers adjust to new sick leave rules, getting workplace safety documentation right is just as critical. A free toolkit provides ready-to-use risk assessments and checklists that help UK businesses stay compliant with current regulations. Download the free Health & Safety Toolkit
Participation is voluntary and requires consent from both the employee and employer. During the first six weeks, the employer continues to pay full salary. After that, workers receive a proportional salary plus partial sick pay (Teilkrankengeld) equal to 70 percent of the lost gross earnings. The existing 78-week cap on regular sick pay remains unchanged.
Sick Leave Dips Slightly as Patterns Shift
Data from DAK-Gesundheit shows a modest drop in absenteeism during the first half of 2026, with the sickness rate falling to 5.3 percent from 5.4 percent a year earlier. That translates to 9.6 days off per employee.
The underlying causes, however, are shifting noticeably. Mental health conditions now top the list with 184 sick days per 100 insured members—a nine percent increase. Respiratory illnesses dropped by 21 percent to 175 days per 100 members, suggesting a post-pandemic normalisation of seasonal infections.
The head of DAK welcomed the partial sick leave model as a tool to ease the return to work, while calling for stronger measures to address long-term illness.
What Employers and Employees Need to Know
A survey by Pronova BKK found that 60 percent of employees have at some point called in sick despite being fit to work. But policing such behaviour carries legal risks. The Federal Labour Court (BAG) ruled in July 2024 that private detectives may only investigate when there is concrete suspicion of fraud. Disproportionate surveillance can lead to compensation claims.
Navigating employer duties around health and safety can be complex, especially with evolving regulations. A free toolkit designed for UK businesses includes compliance checklists and risk assessment templates to help you stay on track. Get the free Health & Safety at Work Act 1974 Toolkit
A key test case is scheduled for August 5, when the BAG will decide whether disability representatives may forward AU certificates to HR departments by email—or whether doing so violates confidentiality obligations.
The coalition package also includes changes beyond sick leave. From January 1, 2027, the written-form requirement for fixed-term contracts will be abolished, and the maximum duration for contracts without a specific reason can temporarily be extended to 48 months.
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