Sick Leave in Germany: Rules, Pay, and the 'Krankschreibung'

1. The 6-Week Rule: Continued Payment of Wages

The cornerstone of the German sick leave system is the Entgeltfortzahlungsgesetz (Continued Remuneration Act). This law is one of the strongest worker protection frameworks in the world.

If you are an employee and fall ill, your employer is legally obligated to pay 100% of your regular gross salary for up to six weeks (42 days) for the exact same illness.

Who is entitled?

• You must be employed for at least four continuous weeks at your current company before this right legally kicks in.
• If you get sick during your very first four weeks on a new job, your public health insurance (e.g., TK, Barmer, AOK) steps in immediately and pays Krankengeld (Sick Pay), which is slightly less than your full salary. You will not be left without income.

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2. How to Call in Sick (The Right Way)

German employers are extremely strict about the proper process. If you wake up sick, you must follow these exact steps to ensure you are legally protected and do not breach your contract.

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3. The Digital Revolution: How the eAU works

If you ask an expat who lived in Germany before 2023 about sick leave, they will tell you horror stories about the "Gelber Schein" (Yellow Paper). You had to take a physical yellow carbon-copy paper from the doctor, put it in an envelope, buy a stamp, and physically mail it to your employer and your health insurance while shivering with a fever.

Thankfully, this archaic system was abolished in 2023. Germany introduced the eAU (electronic certificate of incapacity for work).

Here is how the modern, frictionless process works:

1. You go to the doctor and present your electronic health insurance card (Gesundheitskarte).
2. The doctor determines you are unfit for work and logs this in their digital software.
3. The doctor's office automatically transmits the sick note electronically to your public health insurance company securely.
4. Your Only Job: You must message your employer and state: "I was at the doctor. I am officially signed off sick until [Date]."
5. Your employer then uses their payroll software to electronically request and pull the sick note directly from your health insurance company.

The digital note your employer receives does not contain your diagnosis. It only contains the start and end dates of your sick leave.

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4. Long-Term Illness: What happens after 6 weeks?

If you are severely ill (e.g., cancer treatment, severe burnout, or a major accident) and cannot work for more than six weeks due to the exact same underlying illness, your employer legally stops paying your salary.

At this terrifying point, the German social safety net catches you. Your statutory health insurance steps in automatically. This payment is called Krankengeld (Sick Pay).

• Who pays? Your statutory health insurance provider (e.g., TK, Barmer, DAK).
• How much is it? It is legally set at 70% of your regular gross salary, but capped at a maximum of 90% of your net salary (whichever is lower). For very high earners, there is an absolute daily cap.
• How long can I get it? You can receive Krankengeld for a massive maximum of 78 weeks (within any 3-year block) for the same illness.
• Do I have to apply? Usually, if you submit continuous eAU sick notes that cross the 6-week mark, your health insurance will proactively send you a letter with the Krankengeld application forms.

Need reliable Health Insurance?

If you are new to Germany and need to sign up for public health insurance to ensure you are covered for these exact scenarios, we highly recommend TK. They offer excellent English support, an English app, and seamless integration with the new eAU system, meaning you never have to worry about lost paperwork.

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5. Getting Sick on Vacation (A German Superpower)

This is one of the most uniquely generous aspects of German labor law, and it constantly amazes expats from the US or UK.

If you get sick while you are on approved, paid vacation (Urlaub), you do not lose your vacation days.

According to the Federal Leave Act (Bundesurlaubsgesetz), days on which you are medically certified as unfit for work cannot be counted as vacation days. If you get a doctor's note covering the days you were sick by the pool, those days are legally converted from "vacation days" back into "sick days."

Your employer must credit those lost vacation days back to your annual allowance, allowing you to take them at a later date.

The Catch: You cannot just claim you were sick retroactively. You must get a doctor's note from the very first day of illness if you are on vacation, even if your normal contract usually has a 3-day grace period. If you are abroad, you must get a local doctor's note and send it to your employer immediately.

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Frequently Asked Questions (FAQ)