Sick note – from when a certificate must be available?A sick note should always be ied on time. This can be done by telephone, but also by text message or email. If the employee does not report sick, a warning is threatened. In the case of prolonged illness, the employee must provide a medical certificate. Soon the digital sickness certificate will replace the paper form.
Table of contents
What is a sick note?
If an employee falls ill and is therefore unable to work, he/she must inform the employer immediately. For this purpose, the employee is required to register according to § 5 Abs. 1 EntgFG legally obliged. This Notification of incapacity for work to the employer is called sick note.
Obligation to report and provide evidence
(1) The employee is obliged to notify the employer immediately of the inability to work and its expected duration.
When reporting sick, the employee must contact the Employer or contact a substitute. This can be Human Resources Department or the direct superior of the employee be.
The sick note must be made immediately. That is, when the employee notices the inability to work. At the latest but to Start of work. If the notification of illness is only made after the start of work, this is no longer immediate. In this case, the employer can give the employee a warning give.
Form of sick notification: telephone, SMS, e-mail
There is often uncertainty among employees as to which forms of sick notification are permitted. However, there is no legal regulation on this. In this respect, all means of communication are basically permitted and legal that enable timely notification of sickness:
The employee can choose between notification of sickness by telephone and sick note by SMS or by E-mail. Call in sick not immediately. In most cases after the start of work.
The employee should note whether there is an internal company requirement gives how a sick note must. If, for example, only telephone notification of sickness is desired, the employee should also act in accordance with this regulation.
If there are no internal company regulations on how to report sick, there are several possible ways to do so. The notice of sickness by Telephone but represents the best choice. Because here it is guaranteed that the notification of the sickness actually succeeds. At e-mail, SMS or Fax it is uncertain whether the employer reads the sick note before the start of work. In addition, it can always happen that the sick note never arrives. In this case, the employees bear the risk for technical failure.
Content of the sick note
Regardless of whether the sick call is made by telephone or by e-mail or text message, the message should contain several pieces of information.
In principle, the employee does not have to tell the employer what he is ill with. Cause and nature of the illness are private. Even under prere from the employer, the employee has the right to refuse this information. But there is a ExceptionIf the employee suffers from a highly contagious infectious disease, for example measles, chickenpox or coronavirus disease-2019, this must be reported in accordance with § 6 Abs. 1 IfSG subject to notification.
Notification of illness by text message – sample
First example of a sick note
"Dear Ms. Musterfrau,
I do not feel well today. Therefore I would like to report sick. I ame that I will feel better in a day or two. If it should last longer, I announce myself immediately.
Yours sincerely, Max Mustermann"
Second example of a sick note
"Dear Ms. Musterfrau,
unfortunately I am seriously ill and therefore cannot come to work. Today at 11 o'clock I have a doctor's appointment. As soon as I know how long I will be on sick leave, I will report again.
Sincerely, Max Mustermann"
Notification of sickness: from when?
When the inability to work occurs, the employee must send immediately make a notification of sickness. In any case, the sick note should be before the start of work take place. From which day of illness the employee is obliged to send a sick note to the employer is usually regulated in the employment contract. If no agreement is found therein, the legal obligation to provide proof. This states that in the event of illness lasting longer than three days, the employee must submit a medical certificate no later than the following working day. (§ 5 para. 1 EntgFG)
sick leave certificate
If an employee is on vacation and becomes ill during the vacation, the vacation is not automatically lost. Because the employee can go to the doctor and get a sick certificate Certificate of incapacity for work have it ied. If the employee immediately submits to the employer on the first day of illness the medical Certificate If an employee is sick on a Tuesday, the third day of sickness is Thursday, the vacation days shall be retained and shall not be counted towards the annual vacation. (§ 9 BUrlG)
If an employee falls ill during his vacation, he will be credited with his vacation days. However, the leave is not automatically extended by the days of leave during which the employee is ill. When he can take it, he must agree anew with his employer.
Notification of illness from abroad
The procedure for reporting sickness abroad is defined by § 5 para. 1 EntgFG stipulates. First of all, the employee must inform the employer as soon as possible about the inability to work and its expected duration. Furthermore, the employee has the obligation to inform the employer of the address of his/her place of residence. In addition, the employee must inform the health insurance company about the incapacity for work. What the Certificate of incapacity for work the following shall apply:
1) The employee must on the first day of illness visit a doctor and obtain a AU certificate have it given.
2) The certificate is valid like a German certificate, if it meets all the necessary specifications. For example, it must be clear that the employee is not only ill, but also unable to work. The employee must send the certificate of incapacity to the employer. Transmit to the health insurance company. He can also do this after his return. Within the EU, the employee can also give the certificate of sick leave to the foreign health insurance company so that it can be forwarded to the German health insurance company. The employee then sends the certificate to the employer.
4) If the employee returns to Germany, he must present his Return immediately to the employer as well as to the health insurance company report.
Certificate of incapacity for work (AU certificate)
A doctor examines the employee and then ies a certificate of incapacity for work if an illness is diagnosed. This is the doctor's official confirmation of the employee's inability to work. Other names for the certificate of incapacity for work are Sick leave, Sick bill or also yellow certificate. If an employee is ill for more than three calendar days, he has the legal obligation to submit a certificate of incapacity for work to the employer no later than the following working day. (§ 5 para. 1 EntgFG)
If an employee falls ill on a Tuesday, the third day of illness is the Thursday. This means that the employee must submit the sick certificate by Friday at the latest. If, on the other hand, the employee falls ill on a Wednesday, the third sick day is Friday. If Saturday and Sunday are not working days, it is sufficient if the employee submits the sick certificate only on Monday.
The employer has the right to demand a medical certificate at an earlier stage. According to a ruling of the Federal Labor Court, he can demand that employees already have a certificate of incapacity for work on the first day of illness the Certificate of incapacity for work submit it to. The employer does not need to give a reason.
If the employee does not submit the certificate of incapacity for work or submits it too late, this is a breach of duty. The employer can react to this with a warning letter. In the event of a repeated violation, the employee can be dismissed for conduct-related reasons.
Forms of the certificate of incapacity for work
A Certificate of incapacity for work indicates, how long an employee sick leave is. If the illness lasts longer, the employee must obtain a new certificate and submit it to the employer. There are different versions of the certificate of incapacity for work.
1) The employee must send the original of the certificate of incapacity for work to the Health insurance send. This contains all relevant details, including the diagnosis. The employee should send the sick certificate to the health insurance company within one week. If he does not do this, he will not receive any money from the health insurance company in the event of a prolonged illness. (§ 49 para. 1 no. 5 SGB V)
2) A hard copy of the sickness certificate must be sent to the Employee.
3) A copy of the certificate of incapacity for work must be sent by the employee to the employer Employer submit. However, this variant does not contain information about the diagnosis.
4) A carbon copy of the AU certificate is retained by the respective Physician.
An incapacity for work can either be Initial certificate or as an Follow-up certificate ied. The employee receives a first certificate if it is the first time within six months that the doctor writes him off sick due to this illness. If the illness lasts longer than expected, or occurs again within six months, the employee receives a follow-up certificate. (§ 5 para. 1 EntgFG)
Retroactive sick leave
If employees do not have to submit the sick certificate to their employer on the first day of illness, many ask themselves the question: Is backdating of the sick certificate permitted and, if so, how far back is it possible?? In principle, doctors should not write employees sick retroactively. However, doctors are entitled to make an exception after their own consideration. For example, if it is likely from a medical point of view that the employee was already ill before the doctor's visit. However, the following applies here Backdating the sick note at most up to three days is possible.
Digital sick note
It was planned that from the first of January 2021, the digital sickness certificate would gradually replace the paper sickness certificate. So to speak Electronic certificate of incapacity for work. However, this has been postponed. It is expected that doctors will have to ie the sick bill from 1. October 2021 to be digitally transmitted to the health insurers. From 1. July 2022, the digital forwarding of the sick certificate from the health insurance company to employers should be possible. The following will change with the digital sick bill:
The employee no longer has to submit the sickness certificate to the health insurance fund himself/herself. This obligation is transferred to the doctor. He must send the sick note in digital form to the health insurance company.
Until July 2022, the employee must still submit the sick note to the employer in paper form. After that, employees are no longer required to submit a medical certificate.
The employer now receives a sick note upon request to the health insurance company. Therefore, the employee must take action himself.
Even with the digital sick bill coming into force, the employee will continue to receive the AU certificate in paper form. So he has a proof of his inability to work.
Online sickness notification
Start-ups such as "AU-Schein" offer a sick note without a prior doctor's visit. In doing so, the employee fills out a form online in which he or she states his or her symptoms. Then, for a small fee, he receives an Certificate of incapacity for work. He receives this by E-mail or by WhatsApp sent to.
While this is actually a Online sick note is concerned, colloquially it is often referred to as a Online sick note the speech. However, a sick note is merely the employee's verbal or written notification to the employer that he or she is too ill to come to work for. A sick note, on the other hand, is a medical certificate that proves the inability to work.
Employers can use a Online sick note accept. However, you can also dispute it. Require other proof of incapacity for work.
In terms of labor law, the online sick note is considered to be unsure to classify. Although it is heavily advertised, there have already been the first court rulings in which a violation see against competition law and medical guidelines.
The Hamburg Regional Court has in a Judgment Found that online sick notes violate the doctor's duty of care. Personal contact between doctor and patient is needed to make a diagnosis that meets a doctor's duty of care.
Rights and duties in case of illness
Continued payment of wages in the event of illness
If an employee falls ill, he or she is entitled to continued payment of remuneration in accordance with § 3 EntgFG. This provision applies to every employee, so it is not limited to certain employment relationships. The employee acquires the entitlement if he is employed in the company for at least four weeks. For up to six weeks of incapacity for work, the employer must Continued payment of wages afford. The employee then receives sick pay from the health insurance fund.
No claim to Continued payment of wages the employee has, if
the employee has already been on sick leave for six weeks within the last six months due to the same illness.
The inability to work is self-inflicted. (An incapacity to work is self-inflicted, for example, if the employee causes a car accident while drunk and is injured as a result.)
The employee's entitlement to continued payment of wages remains intact even if the employer terminates the employee due to the inability to work. The same applies if the employee gives notice without notice with good reason. (§ 8 EntgFG)
Visit to the doctor during working hours
A visit to the doctor is basically a private matter. During working hours a visit to the doctor only permitted, if this necessary is. This is especially the case in the event of a sudden illness. Because in this case the visit to the doctor represents an acute medical necessity. Both the trip to the doctor and the visit to the doctor count as working time under these circumstances. Accordingly, the employer must also remunerate them. (§ 616 BGB)
The employee has a duty to inform the employer of the sudden inability to work and to see a doctor. If he does not, he risks a warning notice. However, the employee does not need to obtain permission.
sick note, if child is ill
If an employee's child falls ill, the employee may be able to take time off work to supervise, care for and nurse the child. The following points must be observed.
Entitlement to time off requires that no other care is possible, such as by a relative living in the same household.
As in the case of own Notification of illness the employee must immediately inform the employer about the situation.
The employee must be available for the certificate of the illness to a pediatrician. The doctor examines the child. Ies a medical certificate. The employee must submit the certificate to the employer on the same day of the.
Sometimes, according to the employment contract or collective agreement, there is a right to paid time off according to § 616 BGB.
If there is no entitlement to continued payment of wages, the employee can take unpaid leave of absence and Sick pay apply. The entitlement to time off as well as sick pay is limited to 10 days per year per child. Single parents have an entitlement of 20 days per year. (§ 45 SGB V)
Permitted activities during sick leave
If a doctor gives a sick note to an employee, this initially only means that the employee concerned is unfit for work. This does not necessarily mean that the employee is bedridden and has to keep house. What is allowed and what is not allowed in terms of leisure activities is depending on the respective Illness. As a general rule, the employee must promote recovery and must not do anything that gets in the way of the healing process.
If the employee does not have to keep a strict bed rest, he may in any case do minor errands and go to the authorities. So for example to the Supermarket or to the Pharmacy go.
As good as always are also Movement and Walks permitted and in the case of some illnesses even expressly desired. For example, in the case of mental illnesses such as depression or burnout.
Whether a Restaurant visit, a Bar visit or a vacation permitted depends on the situation. If an employee has sprained his arm, a visit to a restaurant or bar does not stand in the way of his recovery. If, on the other hand, he has a high fever, is strongly advised against it. In the case of asthma or bronchitis, a vacation trip to the seaside can contribute to recovery. A skiing vacation with flu, on the other hand, is contrary to the healing process.
It's best to discuss with your doctor which leisure activities are allowed during your sick leave. To be on the safe side, you can also ask for a written certificate.
Working despite sick leave
– Anyone who calls in sick must provide the employer with a medical certificate no later than the fourth day of illness. Anyone who receives a certificate of incapacity to work from a doctor is on sick leave for a certain period of time. The doctor will estimate the probable duration of the illness. But what if the employee feels fit enough to work again earlier? Is then a work despite Sick leave allowed? Yes, if an employee is recovered early, he/she can return to work. Because the sick leave certificate includes no prohibition to work.
At contagious diseases the employee should always stay at home until there is no longer a risk of infection.
The employer has the Duty of care. If he finds that the employee has not recovered sufficiently, he may send him home again.
Termination due to illness
Dismissal due to illness is a form of dismissal for personal reasons. Under certain circumstances, the employer has the right to terminate the employee due to illness. This is possible in the case of frequent short-term illnesses as well as long-term illnesses or a permanent reduction in performance or inability to work. However, strict conditions must be met for a dismissal due to illness to be permissible:
The interests of the company must be either economically or operationally strongly affected by the illness. For example, in the form of large financial losses or significant disruptions in operations.
There must be a Weighing of interests take place. The employer's interest in termination must be greater than the employee's interest in continued employment.
Calling in sick – Law explained simply
How to call in sick correctly?
The employee must immediately inform the employer or a deputy about the inability to work and its expected duration. It is better to call in sick than to send a text message. Both are permitted. But with an e-mail or SMS is not sure when the employer reads it and whether it arrives at all.
Read more: How to report sick correctly?
When must a sickness certificate be presented to the employer?
If an employee is sick for more than 3 calendar days, he/she must present the certificate to the employer on the following working day at the latest. However, the employer may require a sick bill from the first day onwards. If the employee brings the sick bill too late, he or she risks a warning letter.
Read more: From when must a sickness certificate be present with the employer?
Which part of the sick bill do I send where??
A certificate of incapacity for work has four pages. The employee must send the original certificate to the health insurance company. A copy without diagnosis of the illness must be handed over by the employee to the employer. One copy of the original certificate goes to the employee and one is kept by the doctor.
Read more: Which part of the sick bill do I send where??
Can I take a sick leave retroactively?
In principle, backdating of sick leave is not provided for. However, doctors are allowed to write an employee off sick retroactively for up to 3 days. But this should be an exception. Not be the rule. In addition, from a medical point of view, it must be probable that the illness already existed before the doctor's visit.
Read more: Can I take a sick leave retroactively?
How does a digital sick note work?
The digital sick bill is to gradually replace the paper form. The doctor sends the certificate of incapacity for work digitally to the health insurance company. In addition, the obligation of the employee to submit the certificate to the employer does not apply. However, the latter can request the certificate from the health insurance company, which will send it to him digitally.
Read more: How does a digital sick note work??
Is an online sick note possible??
Workers can get a sick note online without visiting a doctor. They enter their symptoms in an online provider such as "AU-Schein". Receive a certificate of incapacity for work by WhatsApp or e-mail. However, courts see doctor's duty of care at risk when online sick leave is used. Employers can challenge sick leave. Require other proof.
Read more: Is online sick leave notification possible?
Will I be paid while on sick leave?
The employer must continue to pay wages for up to six weeks of illness. After that, the employee receives sick pay from the health insurance company. The employee does not receive a salary if the illness is self-inflicted. Or if he has been on sick leave for more than six weeks within the last six months due to the same illness.
Read more: Will I be paid while on sick leave?
How does a sick note work when my child is sick?
If the child is not older than 12 and there is no other care option, the employee can take time off work. To do this, he must immediately inform the employer about the situation. Furthermore, the employee must have the child examined by the pediatrician on the same day and take a sick note. After that he must send the certificate to the employer.
Read more: How does a sick note work when my child is sick??
Am I allowed to leave the house during sick leave?
Unless the doctor has prescribed strict bed rest, the employee is allowed to go out. What leisure activities are allowed depends on the illness. Small errands and exercise are almost always okay, for example going for a walk, or doing some shopping.
Read more: May I leave the house during sick leave? The information provided on this website is general information only. Does not replace professional legal advice. Any liability for accuracy, completeness and timeliness is excluded.
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