Germany Sick Leave Rules Are Changing: What Expats Need to Know

Introduction

If you work in Germany, understanding your sick leave rights is essential — and those rights are about to change. The German government has announced plans to tighten the rules around taking time off sick, with the most significant proposed change being the requirement to obtain a doctor's note (Arbeitsunfähigkeitsbescheinigung, or AU) from the very first day of illness. Currently, most employees in Germany only need to provide a doctor's certificate from the third day of being sick. This reform would represent a meaningful shift in how sickness absence is managed and documented. For expats working in Germany under any type of contract, these rules apply equally — knowing what is changing, and when, helps you stay prepared and avoid unexpected issues with your employer.

How Sick Leave Currently Works in Germany

Under the current standard rules, employees in Germany are entitled to continued full pay (Entgeltfortzahlung) for up to six weeks per illness, covered by their employer. After six weeks, the employee's Krankenversicherung (statutory health insurance) takes over with a reduced sickness benefit (Krankengeld), typically around 70% of gross salary.

The key paperwork involved is the Arbeitsunfähigkeitsbescheinigung — the official sick note issued by a doctor. Under current rules:

• Most employees must submit a sick note only if they are absent for more than two working days (i.e., from the third day onwards).
• Some employers — at their own discretion — already require a note from day one, which is legally permitted under existing law.
• Since 2023, sick notes are transmitted digitally (eAU) directly from the doctor's practice to the statutory health insurance, which then forwards them to employers — no paper required for most employees.

This system gave workers a degree of flexibility: a one or two-day illness did not automatically require a doctor's visit, reducing pressure on GP practices and allowing employees to rest at home for short illnesses.

What Is Planned to Change — and What Remains Uncertain

The new coalition government has signalled a clear intention to require doctor's notes from the first day of illness for all employees. The stated aim is to reduce Germany's comparatively high absenteeism rates, which have drawn attention from employers and policymakers in recent years.

Key points about the planned reform:

• Day-one sick note: Employees would need to visit a doctor and obtain an AU on the first day they are too ill to work, rather than waiting until the third day.
• Timeline: An exact implementation date has not yet been confirmed. The change is part of the coalition's broader economic reform agenda, but legislation must still be drafted and passed.
• Possible exceptions: Some discussions suggest exceptions could apply for certain groups (e.g., parents caring for sick children, or employees with specific chronic conditions), but nothing has been finalised.
• Employer-level rules remain: Employers who already require day-one notes will not be affected by the change, as they are already operating under stricter internal policies.

It is important to note that specific details — including the exact start date and scope of any exceptions — are still being worked out. Monitoring official announcements from the Bundesministerium für Arbeit und Soziales (Federal Ministry of Labour and Social Affairs) is advisable.

What This Means for Expats Working in Germany

Sick leave rules in Germany apply equally to all employees, regardless of nationality or visa type. Whether you hold a Blue Card, a general skilled worker visa, or a permanent Niederlassungserlaubnis, your employment relationship is governed by German labour law.

Practical implications for expats include:

• GP access becomes more critical: If you need a doctor's note from day one, you need a registered GP (Hausarzt) you can contact quickly. Many expats — especially recent arrivals — do not yet have a regular GP. Finding and registering with one now is a sensible step.
• Telehealth options: Some digital healthcare providers in Germany (such as KV-Doktor or similar platforms) allow sick note requests remotely. Whether these will satisfy the new requirements remains to be confirmed in the final legislation.
• Employer communication: If you are currently covered by a contract that already requires a day-one note, the change will not affect your situation. Check your employment contract (Arbeitsvertrag) to see what your employer currently requires.
• Short absences cost you a GP visit: For minor illnesses that would have resolved in one or two days, workers will now need to invest time in a medical appointment, which some see as a burden, particularly for those in jobs with inflexible schedules.

Frequently Asked Questions

Does this rule apply to all workers in Germany, including part-time and mini-job employees?

German sick pay and sick note rules generally apply to employees in regular employment relationships, including part-time workers. Mini-job (geringfügig Beschäftigte) workers also have entitlements, though the specifics of their sick pay depend on the length of their employment. The requirement to obtain a sick note would likely apply across employment types, but the final legislation may clarify edge cases. If you are on a mini-job contract, checking with your employer or a labour law advisor is recommended once the law is passed.

What happens if I don't provide a sick note on day one under the new rules?

Under current rules, failure to submit a sick note when required can — in theory — give an employer grounds to issue a warning (Abmahnung) or, in repeated cases, terminate the employment relationship. The same logic would apply under the new rules. In practice, most employers first issue a reminder or warning before taking further steps. However, if sick leave rules are already a point of tension with your employer, non-compliance with the new requirement could carry real employment risks. When the new rules come into force, following them from day one is strongly advisable.

Will digital (remote) sick notes still be accepted?

This is one of the key uncertainties. Remote sick note services expanded significantly during the COVID-19 pandemic, but their use was already being restricted before this new reform. The final legislation is expected to clarify whether a remote consultation counts as sufficient for a day-one sick note. Watch for updates from the Kassenärztliche Bundesvereinigung (KBV), the national association of statutory health insurance physicians, which regulates these standards.

Conclusion and Next Steps

Germany's planned sick leave reform is not yet law, but the direction of travel is clear: more documentation, from earlier in the illness. For expats working in Germany, the practical preparation steps are straightforward. Register with a Hausarzt (GP) if you haven't already — this is the single most important thing you can do now. Review your employment contract to understand what your employer currently requires. And keep an eye on official updates from the Ministry of Labour for the confirmed implementation date.

If you have specific concerns about how the new rules interact with your employment contract or visa situation, consult a German labour lawyer (Fachanwalt für Arbeitsrecht) for personalised advice.

Source: The Local