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Calling in sick in Germany represents a fundamental legal right protected by strict labor laws. If you fall ill, your employer must legally pay 100% of your salary for up to 6 weeks. However, the system demands precise compliance. You must know when to provide a doctor's note (Krankschreibung), how the electronic system (eAU) operates, and what happens when health insurance takes over. This 2026 guide explains the exact legal process to protect your income and job.
« The most dangerous myth among expats is the fear of being fired for taking a sick day during your probation period. The law is clear: after 4 weeks of work, you have the absolute right to paid sick leave. Trying to work sick in the office will only make your manager angry for infecting the whole team. »
1. The 6-Week Rule: Continued Payment of Wages
The German Entgeltfortzahlungsgesetz (Continued Remuneration Act) provides an incredibly strong safety net.
If you are an employee (full-time, part-time, or working student) and fall ill, your employer legally must pay 100% of your regular gross salary for up to six weeks (42 calendar days) for the exact same illness. You lose zero pay, and you burn zero vacation days.
Who is entitled to this protection?
- You must be employed for at least four continuous weeks at your current company before this right kicks in.
- The First 4 Weeks Exception: If you get sick during your first four weeks on a new job, your employer does not pay you. Instead, your public health insurance (TK, Barmer) immediately pays Krankengeld (Sick Pay).
Deep Dive: The Probation Period Myth
A pervasive myth claims taking sick leave during your 6-month probation period (Probezeit) results in instant termination.
This is factually false. After the initial 4 weeks, you hold the exact same legal right to 6 weeks of fully paid sick leave as a 10-year veteran employee.
While employers can fire you without reason during probation, firing an employee for a documented flu is generally frowned upon. "Powering through" and infecting your team angers managers far more than staying home to recover.
2. How to Call in Sick (The Strict Legal Process)
HR departments strictly enforce the process. You must follow these exact steps to ensure legal protection. Failing this constitutes a breach of contract (Abmahnung).
1. Notify your employer immediately (Krankmeldung)
criticalInform your boss or HR before your normal working hours begin. An email or Slack message suffices. Say: "I am sick and cannot work today" (Ich bin heute krank und kann nicht arbeiten). Crucial Insider Rule: German privacy law fiercely protects your medical data. You do not have to disclose your symptoms or specific disease. They cannot ask.
2. The '3-Day Rule' vs. Your Contract
requiredFederal law allows 3 consecutive calendar days of illness without a formal doctor's note. You submit the note by the 4th day.
Massive Warning: Employers legally override this in employment contracts. Roughly 40% of contracts demand a doctor's note on the very first day. Check your contract (Arbeitsvertrag)! If it says "ab dem ersten Tag", visit a doctor immediately.
3. Get your 'Krankschreibung' (Doctor's Note)
criticalIf sick longer than your contract permits, visit a general practitioner (Hausarzt). They issue an official certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung or AU).
The Weekend Trap
The law counts calendar days, not working days. If you call in sick Friday (Day 1) and remain sick Monday, Monday is Day 4 (Friday, Saturday, Sunday, Monday). Even if you skip weekend shifts, you must secure a doctor's note covering Monday onward.
3. The Digital Revolution: How the eAU works
Germany completely abolished the archaic "Gelber Schein" (Yellow Paper) system. The eAU (electronic certificate of incapacity for work) handles everything automatically.
The modern process for public patients:
- Present your electronic health insurance card (Gesundheitskarte) to the doctor.
- The doctor logs your legal unfitness for work in their secure software.
- The office automatically transmits the data to your public health insurance company.
- Your Only Job: Message your employer: "I was at the doctor. I have an eAU and I am officially signed off sick until Friday."
- Your employer’s payroll software (DATEV, Personio) electronically pulls the sick note from the health insurance servers.
The digital note does not contain your diagnosis code (ICD-10). It only contains dates.
The Private Health Insurance (PKV) Exception
The eAU system currently only functions for the statutory system (GKV).
If you hold Private Health Insurance (PKV), the electronic system fails. You receive physical paper sick notes. You must scan and email the document to your HR department on time.
4. Long-Term Illness: What happens after 6 weeks?
If a catastrophic health event (cancer, severe burnout, major accident) keeps you out of work for more than six continuous weeks for the same illness, the employer’s obligation ends.
Your statutory health insurance steps in to replace your income with Krankengeld (Sick Pay).
- Who pays? Your statutory health insurance (TK, Barmer, DAK).
- How much? Legally 70% of your regular gross salary, capped at 90% of your net salary. For high earners (above roughly EUR 5,175 gross/month), an absolute daily cap of around EUR 120 net applies.
- How long? You receive Krankengeld for up to 78 weeks (within a 3-year block) for the same underlying illness.
- Do I have to apply? The process is highly automated. Your health insurance proactively sends finalization forms as you approach the 6-week mark.
TK (Techniker Krankenkasse)
Top Benefits
- Voted Germany's best health insurance
- Excellent English customer service
Keep in Mind
- Slightly higher additional contribution rate
Key Details
5. Getting Sick on Vacation (A German Superpower)
If you fall sick while on approved, paid vacation (Urlaub), you do not lose your vacation days.
Section 9 of the Federal Leave Act (Bundesurlaubsgesetz) states vacation exists for rest. If you are sick in bed, you cannot rest.
An official doctor's note covering your sick days in Spain legally converts them from "vacation days" back into "sick days."
Your employer must credit those lost vacation days back to your annual allowance.
The Strict Catch: You must get a formal doctor's note from the very first day of illness while on vacation. Visit a local doctor abroad, secure a medical note, and immediately email your employer.
Frequently Asked Questions (FAQ)
General Information & Legal Notice
The information provided in this article is for general educational purposes only and reflects our 11+ years of experience helping expats navigate German bureaucracy. It does not constitute formal legal, tax, or professional advice.
While we strive to keep our content accurate and up-to-date, immigration laws, tax regulations, and administrative processes in Germany change frequently. We are not lawyers or registered tax advisors. For individual cases, complex legal issues, or specific tax situations, we strongly recommend consulting a qualified German lawyer (Rechtsanwalt) or a certified tax advisor (Steuerberater).
About Oliver
Founder of expats.de, former cooperative bank advisor (Bankfachwirt IHK) with 12 years of banking experience, and a §34d licensed insurance broker. Since 2014, Oliver has helped over 10,000 expats navigate the German financial system. Read Oliver's full story →
Educational Notice & General Advice
This content is educational and reflects analysis based on our 11 years of market experience, our 200,000+ community insights, and current regulatory knowledge.
As a 34d-licensed insurance broker and experienced financial advisor, I provide this guidance in good faith. However, for personalized advice especially regarding insurance, mortgages, or tax-specific decisions—please consult with a qualified financial advisor or tax professional in your specific situation. Past expat experiences and historical market data do not guarantee identical results for your unique circumstances.