FAQs on sick leave
The FAQs explain briefly what to do if you are unfit for work. See the guidelines for pay scale employees who are unfit for work (PDF) for details.
1. When am I unfit for work?
You are unfit for work if an existing illness prevents you from completing tasks or if working would worsen your symptoms. Also, you are unfit for work if your current health does not yet make you unfit for work, but your tasks could immediately cause you to become unfit for work.
2. When must I report my unfitness for work?
You must inform your employer without undue delay, i.e., before 10 am on your first day of absence from work.
3. What details do I need to give?
If you are unfit for work, you must notify your employer of this incapacity and how long you expect to be absent.
4. Who should notify my employer that I am unfit for work?
As a rule, you should notify your employer yourself. If this is not possible, you may ask someone to notify your employer on your behalf.
5. How should I notify my employer of my unfitness for work?
You should call in sick by phone.
6. Who should I notify?
You must call the responsible person in your institute/department/faculty/office. If you are unsure who this is, always contact your immediate superior.
7. Why should I notify of my fitness to return to work?
If you do not notify your employer as soon as you are fit to work again, you are violating the obligation to work. You also risk not receiving any salary or benefits when the continued remuneration period ends.
8. When do I need to submit a doctor’s note to attest to my inability to work?
If you are unable to work for more than 3 calendar days, you must obtain a certified diagnosis from a doctor. Sundays and public holidays are included in these 3 days.
In justifiable cases, the employer has a right to request a doctor’s note earlier (e.g., on the first day of illness). Your employer may reach an agreement with HR Services on this matter.
If your inability to work continues past the date on the doctor’s note, you will need to get a new doctor’s note.
Below are a few examples:
Example 1:
If you are unable to work starting on a Monday, you must get a doctor’s note at the latest the following Thursday.
Example 2:
If you are unable to work starting on a Friday and remain ill over the weekend, you must get a doctor’s note at the latest the following Monday.
Example 3:
If you are unable to work starting on a Wednesday and remain ill through the weekend, you must provide proof as of Saturday. Thus, theoretically, you must already seek a doctor on Friday in order to get the doctor’s note on time. It is not acceptable to provide proof on the following Monday.
9. How should I provide proof that I am unable to work (doctor’s note) and what period must it cover?
Since 1 January 2023, a digital procedure has been in place, thus replacing the paper doctor’s note previously required. The electronic doctor’s note is forwarded by your doctor’s office directly to your health insurance provider, from where HR can access it. Therefore, as a rule, you no longer need to submit a doctor’s note to your employer.
As a patient, you will continue to receive a paper version of the doctor’s note for your own files. In case of any technical malfunctions, this document can be used to fulfill your obligation to provide proof of your inability to work.
Important: The digital doctor’s note procedure does not apply to those with private health insurance or employees entitled to medical welfare benefits. These groups must continue to submit the original paper doctor’s note.
10. How long will I continue to be paid?
You are generally entitled to 6 weeks of continued remuneration. After this time, you will receive sick pay (Krankengeld) from your health insurance company. If you are afflicted with the same disease again through no fault of your own, you are entitled to a further 6 weeks of continued remuneration if you have not been unfit for work due to the same disease for at least 6 months or the initial period of incapacity caused by this disease was at least 12 months ago.
11. Am I required to provide proof of my unfitness to work after the continued remuneration period has ended?
You must also submit a doctor’s certificate after the continued remuneration period has ended. When your eligibility for continued remuneration ceases, your doctor must further attest to your unfitness for work and its anticipated duration.
12. Does the requirement to notify and provide proof also apply for absences due to preventive measures or rehabilitation?
Yes, the same applies if you are absent from work on account of preventive measures or rehabilitation. You must inform HR Services of the commencement, expected duration, and—if applicable—extension of the measure, and provide proof of its necessity and approval.
13. Does the requirement to notify and provide proof also extend to illness abroad?
If you fall sick while abroad, you are obligated to notify your employer of your unfitness for work, the expected duration thereof, and your address abroad. Moreover, if you have German statutory health insurance coverage, you must notify your insurance provider of your incapacity. You must inform your employer and health insurance provider without delay of your return to Germany.
14. What happens if I fail to provide notification and/or proof?
If you fail to notify your employer or provide proof, your employer will refuse to continue salary payments. Violating these duties is punishable with a reprimand, warning, or even dismissal.
15. Can I get time off for a medical appointment during my work hours?
As a rule, you must schedule medical appointments outside of your core work hours. Exceptions will only be made if medical treatment is exclusively available during your work hours. You must provide a doctor’s certificate or other suitable proof that this is the case.
The start and end of your work hours are based on the start and end of your core work hours.
Example:
If you work a flexible schedule with core hours from 9 am to 3 pm and have an urgent doctor’s appointment at 8:45 am, which means you can only begin work at 10 am, you must request leave of absence for the time between 9 am and 10 am.
16. How are unsuccessful work attempts counted?
A work attempt aborted due to unfitness for work does not count as a fully failed work day. You are eligible for continued remuneration from the point of aborting the work attempt until the end of your required work hours for the day. These days therefore do not create plus or minus hours.
17. My child is sick. Can I stay home to care for them?
If a child is sick, parents can take time off work for up to 15 working days (up to 30 working days for single parents) per year. The statutory total amount for more than one child is 35 working days (70 working days for single parents,
provided the child is under 12, no alternative carer is available, and you submit a doctor’s note confirming the child’s illness. In such cases, continued remuneration is based on the insurance coverage of employee and child.
Parents who accompany an insured child no older than 12 for in-patient care or a child who is disabled and depends on external support are also entitled to take time off. You must submit confirmation in writing from the clinic in question attesting to medical reasons and duration of your stay as an accompanying parent. For children 9 and under, you do not need to provide proof of medical reasons.
The entitlement applies to one parent only and is open-ended.
To apply for time off work without pay, complete this request form (PDF), specify the duration, and insert the note “gem. § 45 SGB V” (pursuant to Section 45 of Book V of the German Social Security Code (Sozialgesetzbuch, SGB V)). Submit the form together with the required doctor’s certificate to HR Services via your superior.