Sick leave

Sick Leave in Germany

In Germany, all employees are entitled to continued wage payment during periods of illness, regardless of whether they work full-time, part-time, or on any other schedule. This right to wage continuation applies for up to six weeks per illness episode, meaning employers must pay employees their regular wages during this period even though no work is being performed. The entitlement covers the employee's ordinary earnings and applies to all employment relationships subject to German labor law.

The legal foundation for sick leave entitlements in Germany is established under the Entgeltfortzahlungsgesetz (Continued Payment of Wages Act), which governs wage continuation during illness and on public holidays. The six-week protection period represents a core statutory minimum that cannot be reduced through individual employment contracts, though collective agreements may provide more generous terms.

To enforce this right, employees must typically notify their employer of their illness as soon as possible, usually on the first day of absence. Employers may require a medical certificate (Arbeitsunfähigkeitsbescheinigung) from a physician, generally after three consecutive days of absence, though some employers request certification from day one. The certificate must confirm the employee's incapacity to work and the expected duration of the illness.

Payroll teams must ensure that sick pay calculations include all regular wage components and that records clearly document illness periods and corresponding wage payments. After six weeks of continuous illness, statutory sick leave benefits from the statutory health insurance (Krankenkasse) typically take over, reducing the employer's direct payment obligation. Employers should maintain accurate absence records and coordinate with health insurance providers to manage the transition between employer-paid and insurance-paid benefits.