Germany to Introduce Graded Partial Sick Leave by 2027 as Sickness Certification Rules Tighten
Published on 07/25/2026 at 04:22 | Redaktion boerse-global.de
A significant shift in how German workers handle illness and return to the workplace is on the horizon. Starting in 2027, the government plans to roll out a system of graded partial incapacity for work, allowing employees to return gradually rather than remaining fully absent. The model will offer fixed tiers of 25, 50, or 75 percent capacity, designed to ease the transition back into employment.
The current legal framework remains strict for now. The Baden-Württemberg State Social Court (case reference L 10 U 135/25) ruled that anyone working their full contracted hours cannot be considered incapacitated for work. This applies even when specific duties like on-call shifts or night work are dropped for health reasons. In such cases, injury benefit payments are not available.
But the value of a proper medical certificate remains high. The Nordhausen Labour Court (case reference 3 Ca 438/25) reinforced that employers need substantial evidence to challenge the validity of a correctly issued sick note. A worker’s mere announcement that they plan to get a sick note only counts if the employer can prove the statement beyond doubt.
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The Federal Labour Court (BAG) has also raised the bar for proving document delivery. In a ruling from May 7, 2026 (case reference 2 AZR 184/25), judges decided that a standard registered letter with return receipt processed through a scanning system does not provide prima facie evidence of actual receipt. This creates higher risk for employers when sending invitations to the company’s reintegration management program (bEM). Without proof of delivery, a later dismissal based on illness could be invalid. The postal service has already responded by requiring delivery workers to obtain an additional signature confirming the drop-off.
Health insurance companies are gaining new powers under the law to stabilise statutory health insurance contribution rates, passed on July 10, 2026. From January 1, 2027, insurers may contact policyholders by phone as part of sickness benefit case management without prior consent — something that previously required explicit permission. However, they must inform the individual of their right to object during the first contact.
Another change took effect on July 1, 2026: the new basic income support replaced the former Bürgergeld system. A medical certificate now generally counts as a valid reason for missing appointment deadlines with job centres. But the job centre can request an additional certificate if it has justified doubts. Critics warn this could stigmatise recipients with mental or chronic illnesses, who made up roughly 45 percent of benefit claimants in 2025.
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Sickness absence data for the first half of 2026 shows a slight improvement. The absentee rate dropped to 5.3 percent, down from 5.4 percent in the same period last year. The average number of sick days fell from 9.9 to 9.6. Mental health conditions remain the leading cause, accounting for 184 sick days per 100 insured individuals. Respiratory illnesses, by contrast, declined by 21 percent.
Policymakers are currently debating whether to introduce a legal requirement for a doctor’s note from the first day of illness and whether to abolish telephone sick notes altogether. Chemical giant BASF is maintaining its current policy requiring a certificate only from the fourth day onward, but reserves the right to reassess if the law changes. Unions and works councils oppose a general first-day certificate requirement.
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