Sick Leave Pay - Germany

Reporting Sick

Employees should follow the company reporting procedures on the first day of sickness, if no procedures in place they must tell the employer before or on the normal start time. There is no requirement to provide a sick note for the first 3 days of absence however they must provide one on the fourth day of absence.

Sick leave and Pay

The Continued Remuneration Act (Entgeltfortzahlungsgesetz) grants employees six weeks' statutory sick pay for anyone employed for a minimum of 4 weeks. Employees receive their full salary during the first six weeks or 42 days. After that, from the 43rd day, the employee gets the benefit directly from the statutory health insurance, which is 70% of the gross income but no more than 90% of the net.

If the employee falls ill again due to the same illness, the six-week period will only recommence after six months from the last sick leave or if a year has passed since the start of the sick leave.

If the employee falls ill due to a new illness, the six-week period automatically restarts. Following the end of the six weeks, employees are entitled to private insurance sickness benefits. This is not something that is usually mentioned in the employment agreement since it is a matter of law in Germany.

If an employee cannot perform their duties due to physical or mental illness, they can take time off from work as long as they inform their employer immediately. If the employee is absent from work for more than three consecutive days, they must submit a doctor's note to the employer.

Employers with 30 or fewer employees can recover up to 80% of any statutory sick pay paid out by claiming their costs sharing fund.

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