Presenteeism in Germany: New Sick-Leave Rules May Worsen the Problem Employees Already Face

Nearly two-thirds of German employees have worked while ill, according to data from the German Trade Union Federation (DGB). And 72 percent of workers surveyed in June 2026 said they felt they had to justify themselves when reporting sick. These figures paint a picture of a workforce already reluctant to take time off—yet the federal government is now pushing for stricter sick-note requirements that critics argue will pile on more pressure.

Under current law, employees generally only need a doctor’s certificate from the fourth day of illness. That threshold would disappear under a planned reform: a medical certificate would become mandatory from day one, unless collective agreements or works council arrangements specify otherwise. Health Minister Nina Warken (CDU) is also eliminating the telephone sick note, which allowed patients to self-certify after a phone call. Online questionnaires without direct doctor contact will be banned as well, though video consultations remain permitted.

As German employers brace for tighter sick-note rules, health and safety documentation remains a separate but equally critical compliance area. Many UK companies risk significant fines if their H&S records are incomplete. A free Health & Safety Toolkit provides immediate download of risk assessments, checklists, and toolbox talks — covering COSHH, PUWER, and more. Download the free Health & Safety Toolkit

Only about 30 percent of the population supports these measures, recent polls show. The DGB points out that telephone-based sick notes accounted for just 0.8 to 1.2 percent of all certificates issued between 2020 and 2023. “A mass phenomenon? No,” the union said.

The new rules do not change what employers can learn about an employee’s condition. A labor law specialist clarified that companies generally have no right to know the specific diagnosis. Yet workplace reality often contradicts legal protections. In the June 2026 survey of 2,000 employed people, roughly 65 percent said they feared career disadvantages because of their sick days.

That fear has consequences. The DGB estimates that 63 percent of employees nationwide have already worked despite being ill. In Upper Austria, that figure reached 72 percent in 2025.

A recent court case underscores how sensitive health data remains. In May 2026, the Siegburg Labor Court ordered a hospital doctor to pay €1,000 in damages for sharing a colleague’s diagnoses in a WhatsApp group. Experts warn that companies must handle health-related information under strict data protection rules. Works councils have co-determination rights under Section 87(1)(1) of the Works Constitution Act (BetrVG). Without clear internal processes, employers face liability risks.

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Meanwhile, a separate piece of legislation is set to bring longer-term change. On July 10, 2026, the Bundestag approved the introduction of partial sick leave (Teilkrankschreibung) effective January 1, 2028. The model allows graded incapacity at 25, 50, or 75 percent increments. Unlike the existing Hamburg model, this version requires employer consent within seven calendar days. If agreed, the employee receives partial wages and partial sick pay. The maximum 78-week sick-pay entitlement still applies to total time off.

For severely disabled employees, legal experts note that under certain conditions there may be a right to such flexible working arrangements. The goal, the government says, is to enable a phased return to work rather than an abrupt jump from full sick leave to full duty.

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