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Sick leave in Germany — your rights while unfit for work

Sick leave is surrounded by myths — the most popular: “I cannot be dismissed while on sick leave.” The truth is more nuanced, and it pays to know it.

Dr. Artur Barczewski
Dr. Artur BarczewskiRechtsanwalt · attorney-at-law
≈ 5 min read
updated: July 2026

Reporting sickness and the certificate

You must report your incapacity without delay — as a rule on the first day. A doctor’s certificate (AU) is required at the latest from the fourth day of illness, and the employment contract may require it earlier. For statutorily insured employees the certificate is electronic (eAU) — the employer retrieves the data itself.

Money: 6 weeks of salary, then sickness benefit

For the first 6 weeks the employer continues paying the full salary (Entgeltfortzahlung, EFZG) — as a rule this requires at least 4 weeks of employment. Note: in some situations the employer may challenge the sick note itself and withhold the money — see when a sick note loses its evidentiary value. Then the health insurance fund takes over with sickness benefit (Krankengeld): in principle 70 % of gross pay (capped at 90 % of net).

Dismissal during sick leave — possible?

Yes — illness does not automatically protect against dismissal. Long or frequent illness can, under narrow conditions, even itself be a ground for dismissal (krankheitsbedingte Kündigung). Such dismissals are highly challengeable — and the 3-week claim deadline still applies.

Practical tip

Do not cut your sick leave short “on request”

Working while certified unfit or shortening sick leave under employer pressure can backfire medically and legally. If you are being pressured, talk to us.

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Dr. Artur Barczewski
Dr. Artur Barczewski
Rechtsanwalt · attorney-at-law

Author of this article. Represents clients before courts across Germany. View profile →

This article is for information only and does not constitute legal advice. The law may change — consult a lawyer about your individual case.

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