Illness at Work: Continued Pay, Sick Notes and Dismissal
Anyone who falls ill is generally entitled to six weeks of continued pay. What matters is reporting the illness on time and the question of whether dismissal on grounds of illness is permissible.
Six Weeks of Continued Pay (§ 3 EFZG)
If you are unfit for work through no fault of your own, your employer continues to pay your wages for up to six weeks. The condition is that the employment relationship has existed for at least four weeks. After that, the statutory health insurer (Krankenkasse) usually pays sick pay (Krankengeld).
Duty to Notify and Provide Proof (§ 5 EFZG)
You must report your incapacity to work and its expected duration without delay. If the illness lasts longer than three calendar days, a medical certificate must be submitted no later than the following working day – your employer may also demand it earlier.
Repeated or Prolonged Illness
For one and the same illness, the entitlement to six weeks only arises again under certain time-related conditions. For a new, different illness, however, the entitlement starts afresh. The precise calculation can be complex.
Dismissal on Grounds of Illness
Dismissal solely because of a sick note is not readily permissible. A dismissal on grounds of illness requires – where the Protection Against Dismissal Act (Kündigungsschutzgesetz) applies – a negative health prognosis, a significant impairment of operational interests and a balancing of interests.
How to Check Your Rights
Check: Has the employment relationship existed for at least four weeks? Was the illness reported on time? Does the contract contain impermissible provisions on continued pay? An automated contract review identifies disadvantageous clauses.
Relevant law
Frequently asked questions
Up to six weeks by the employer (§ 3 EFZG), provided the employment relationship has existed for at least four weeks. After that, the health insurer (Krankenkasse) usually pays sick pay (Krankengeld).
Incapacity to work must be reported without delay; if it lasts longer than three calendar days, a medical certificate must be submitted no later than the following day (§ 5 EFZG). Your employer may also demand it earlier.
Dismissal is not generally excluded even during an illness, but solely because of a sick note it is usually impermissible. A dismissal on grounds of illness has high requirements.
Only once the employment relationship has existed for at least four weeks. Before that, there may be an entitlement to sick pay (Krankengeld).
After that, the statutory health insurer usually pays sick pay (Krankengeld), which is lower than your previous net earnings.
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General legal information based on your contract — not individual legal advice.