Germany’s Push for Graded Sick Leave Stirs Controversy as Courts Tighten Return-to-Work Documentation
04.06.2026 - 08:05:23 | boerse-global.de
A proposal to allow employees to be declared partially unfit for work—on a sliding scale of 25, 50 or 75 percent capability—has drawn sharp criticism from medical and social welfare bodies, even as a separate court ruling forces employers to overhaul how they prove they invited workers back after illness.
The draft law from the Federal Ministry of Health would require both employer and employee to consent before a partial sick note can be issued. The hospitality sector, where roughly 40 percent of staff perform physically demanding work, would be directly affected. But the German National Association of Statutory Health Insurance Physicians (KBV) questioned whether such gradations can be objectively assessed. The Social Association of Germany has also voiced opposition.
Austria already offers a working model: its “Wiedereingliederungsteilzeit” (reintegration part-time) programme. The Vienna-based initiative fit2work recorded around 5,800 initial consultations in 2025, 1,400 of them specifically for this arrangement. A typical approach involves reducing working hours by 50 percent over nine months, particularly after serious surgery.
Managing phased returns and workplace health obligations requires clear documentation. A free Health & Safety Toolkit provides ready-to-use risk assessments and checklists that help UK employers stay compliant with current regulations. Download the free Health & Safety Toolkit
Courts Raise the Bar for Proving BEM Invitations
Alongside the debate on partial sick leave, the Hamburg Regional Labour Court (Landesarbeitsgericht Hamburg) has clarified a procedural point that carries significant weight for employers. A simple “Einwurf-Einschreiben” (a registered letter dropped in the recipient’s mailbox) is no longer sufficient to prove that an invitation to the company’s reintegration management process (Betriebliches Eingliederungsmanagement, BEM) actually reached the employee. Neither tracking nor delivery confirmation suffices as prima facie evidence.
Legal experts now recommend “Übergabe-Einschreiben” (handover registered mail) or delivery by a messenger. The reason: if an employer later issues a termination based on illness, they must demonstrate that a proper BEM procedure took place. Without secure proof of delivery, that defence may fail.
Mental Health Moves Centre Stage
In early June, a seminar for BEM officers focused on recognising early warning signs of mental illness and on the role of works councils and staff councils when employees return after a psychological crisis.
Berlin will host the 5th German Psychotherapy Congress starting 9 June 2026, under the theme of securing care despite austerity measures. The backdrop: the Federal Ministry of Health approved a 4.5 percent fee cut for psychotherapists effective from 1 April. Although a retroactive increase in personnel cost surcharges was later granted, the net effect for 2026 is a calculated reduction of 2.3 percent. The KBV has filed a lawsuit against the cuts.
New Accident Prevention Rules for Medical Practices
Since 1 June 2026, updated accident prevention regulations apply to doctor’s surgeries. Company doctors and occupational safety specialists can now provide partly digital support. Additionally, physicians themselves can complete the training to become qualified safety specialists.
Staying on top of workplace safety law is essential for any UK employer. A free toolkit covering the Health & Safety at Work Act 1974 gives you nine practical tools, including risk assessments and director liability guides, to help protect your workforce. Get the free Health & Safety at Work Act 1974 Toolkit
PTSD Recognised in Paramedics
The Baden-WĂĽrttemberg State Social Court (Landessozialgericht Baden-WĂĽrttemberg) ruled earlier this year that post-traumatic stress disorder (PTSD) in paramedics can, under certain conditions, be recognised as a so-called quasi-occupational disease. The decision signals that psychological after-effects in high-stress professions are increasingly gaining legal recognition.
